Legal Question in Real Estate Law in California

why doesnt my deed of trust have the name of the bank that I pay my mortgage to


Asked on 1/23/11, 10:10 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your deed of trust was prepared, executed and recorded at the time your loan was made. As is usual in the lending industry, your loan was packaged up and sold, perhaps to a government or semi-governmental entity. This entity, or perhaps another bank or loan servicer appointed by it, may not be identified until months or even years after you have received your money under the loan.

There are three parties to a deed of trust: the trustor, trustee and beneficiary. The trustor is generally (but not always) the borrower. The trustee is a person or entity given the power to enforce the note by foreclosure, if necessary. The beneficiary is the person (corporate or natural) who is out the money and entitled to be paid.

Since the person to be the longer-run beneficiary isn't known, its name won't be on the deed of trust.

I hope this helps to clear it up.

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Answered on 1/27/11, 3:34 pm


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