Legal Question in Real Estate Law in California

Re: Who can be a trustee on a Deed of Trust?

Anyone can be named as the "Trustee" in a deed of trust. That person's (or entity's) identity only becomes important in the event you need to foreclose. In all likelihood, if you need to foreclose, you will hire a professional trustee to conduct the foreclosure, and can simply record a "substitution of trustee" to allow that professional to proceed.

In California, you may only record a deed of trust to secure a loan with real property. References to "second" and "third" deeds of trust merely refer to the sequence in time that a security instrument is recorded. The earliest deed of trust recorded takes priority over any subsequent deed of trust on the same property.

Re: Who can be a trustee on a Deed of Trust?

Yes, anyone can be a trustee on a Deed of Trust. If you cannot locate your trustee 30 years from now when it is paid off, the beneficiary (lender) can substitute a new trustee.

This is not a typical trusteeship. The similarities between a trustee of an express trust and a trustee under a deed of trust begin and end with the name. This can be very confusing. The trustee under a deed of trust serves as a common agent for the parties.

"In California there is little practical difference between mortgages and deeds of trust." Domarad v. Fisher & Burke (1969) 270 Cal App 2d 543, 553.

Re: Who can be a trustee on a Deed of Trust?

Any person or company can be a trustee. I believe that it is better that a beneficiary not be a trustee. If you have any questions, please contact me at 714 363 0220 for free consultation.

Is this in regard to a potential foreclosure action?

Does this regadr