Legal Question in Real Estate Law in California

Re: Can I write a Deed of Trust myself?

please don't call me --- from your question you did all the paper work yourself, or he did it and you did not seek out any expert to review the documents or give you advice --- an attorny who specalizes in real property litation/transactions --- we are plentaful and all over and could have saved you money, agravation and your rights --- now from your question it doesn't seem you are getting paid or cooperation from your friend, and no you cannot do it yourself because it is all screwed up --- get a good lawyer pay him/her and take their advice because more likely than not a law suit will have to be filed unless the other party is willing to cooperate --- good luck

Re: Can I write a Deed of Trust myself?

You found the snag, you cannot be both the trustee and trustor. An attorney may serve as the trustee if it is not a matter for a mortgage company. For the complete package of all necessary documents, call me directly at (619) 222-3504.

Re: Can I write a Deed of Trust myself?

It depends upon what you mean by "write." You wouldn't want to start from scratch and invent every word. On the other hand, there are two basic pre-printed forms, the "short form" and the "long form" which are available from title and escrow companies, and most non-institutional private lenders use these.

Whether you can fill in all the blanks yourself or need professional assistance is mainly a matter of your real-estate sophistication; many private lenders fill in and use the forms without the assistance of an escrow officer, real estate broker or attorney, but they are the ones who have learned from experience how to complete and record deeds of trust. Sounds like this is a first-time experience for you, so I'd suggest using an escrow company. They can also do the recording for you, and in most counties can also be the trustee.

With regard to trustee selection, you can name a title or escrow company as trustee without their prior knowledge or permission, and this happens frequently with do-it-yourself private real-estate lenders, but it's probably better form to work with one throughout the process.

You can still record a D/T, but note that the priority of the lien is based upon when your D/T is recorded, not when the loan was made. It's bad form indeed not to get secured the instant the money changes hands!