Legal Question in Wills and Trusts in California

Generally, the note and deed of trust refer to each other, and are executed at the same time. But if the borrower agrees to secure the promissory note, there is no problem in having the borrower execute a deed of trust and having it recorded.

Yes you can. Although they are generally done at the same time, there is nothing to prevent a borrower from later giving security for his note. Keep in mind, of course, that your security interest will be junior to any liens filed before it was recorded, even it they were recorded after the original note was filed.

Good luck.

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