Legal Question in Real Estate Law in California

Second trust deed recording

We have a recorded first deed of trust on a house. We are now loaning additional funds for renovation of this house on a separate note with a shorter amortization. Is it necessary to record a second deed of trust? If so, can we just fill out the "short form deed of trust" have it signed, notarized, and recorded? Or, is it necessary to use the services of an escrow company to serve as trustee in addition to the grantor?


Asked on 8/02/99, 4:04 pm

1 Answer from Attorneys
Gregory Brittain Gregory W. Brittain, Attorney at Law

Re: Second trust deed recording

Is not necessary to get the title insurance company's permission to use the standard form trust deed naming it as trustee. However, you should get title insurance guaranteeing your second trust deed is in second position. It is called a lender's policy.

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Answered on 8/03/99, 4:08 pm


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