Legal Question in Real Estate Law in California
all inclusive trust deed
what is an all inclusive trust deed? What are the legal parameters for the home owner? Are there penalties for refinancing such a AITD?
1 Answer from Attorneys
Re: all inclusive trust deed
An AITD is a form of junior trust deed which has gained a lot of popularity in California. It includes both the obligation to the lender which gives rise to the AITD itself, and also the borrower's (trustor's) obligation on some prior, more senior, obligation or obligations.
AITDs require special care in their drafting, and use of pre-printed forms is not recommended.
A description of the pitfalls is beyond the scope of advice that can properly be given on a bulletin board. You need in-person advice from professionals such as a licensed loan broker, escrow officer, and most importantly an attorney representing you.
Whether there are penalties for refinancing will depend upon the terms of your loan as set forth in the note and AITD involved.