Legal Question in Real Estate Law in California

Re: Deed of trust

No, not if you are the trustor (borrower).

You may be confusing a deed of trust with the concept of "title." If you own real property, you can add someone to title by executing a deed and recording it. By the way, doing so is often a mistake, and I advise that anyone considering adding a boyfriend, child, etc. to title either as a gift or in lieu of proper estate planning get professional advice before lifting a pen. Also, note carefully that this process uses a "deed" and not a "deed of trust."

A deed of trust is an instrument with particular parties - usually a trustor, a beneficiary, and a trustee - sometimes more than one of each. As soon as the deed of trust is signed by everyone, usually in front of a notary, and copies duly delivered to everyone, it has done some of its work, i.e., transferring legal rights from the trustor to the beneficiary. The rights transferred include a security interest in real property and a power of sale if there is a default on the note secured thereby.

Trying to alter a deed of trust after it is recorded is like trying to un-ring a bell.

I hasten to add that there ARE certain changes that can be made after the deed of trust goes into effect through signing and delivery. For one thing, the holder of the note can sell the note to someone else, in which case the security follows the obligation and the new owner of the note becomes the new beneficiary of the deed of trust by operation of law. This often happens with residential loans. Another thing that can and does happen is a substitution of trustee, which can be done by the beneficiary, and is often done shortly before a foreclosure.

A deed of trust is a security device used to collateralize a borrower's obligation to repay a promissory note. We often use the combined phrase, "note and deed of trust" because the two go together like ham and eggs. A deed of trust is not used to transfer a share of legal title form an owner to a new co-owner. For that, you need a grant deed or quitclaim deed -- and a darn good reason!