Legal Question in Real Estate Law in California

Deed of Trust residency requirements

Does a Trustee for a California Deed of Trust required to be a resident of California?


Asked on 8/13/05, 1:35 pm

1 Answer from Attorneys

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

Re: Deed of Trust residency requirements

After a bit of research I found nothing that would prevent a non-resident from being trustee under a deed of trust on California real property. However, if the non-resident trustee is a corporation or LLC, it would probably have to qualify to do business in California, by registering and paying the franchise tax, before it could properly carry out a foreclosure. Further, it is probably unwise for an inexperienced person to attempt to carry out such processes as foreclosure, regardless of where they live. Having said all that, I see no problem with a nonresident individual being named as trustee.

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Answered on 8/13/05, 2:25 pm


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