Legal Question in Wills and Trusts in California

proper verbage on title and note

My personal loan promissory note states pay to the trustee of the abc LIVING trust and the lienholder put their name on my title as the abc FAMILY trust.

Are the two trusts the same?

my lienholder sold her interest in my note to a 3rd party and gave them a note endorsement from the abc LIVING trust - defaulted and now the 3rd party is coming after me for payments. I am disputing the 3rd party's legal authority to collect on my note since my title states FAMILY trust.(the trusts are from the same person - she has two trusts)


Asked on 4/29/09, 10:31 pm

1 Answer from Attorneys
Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: proper verbage on title and note

They are probably the same entity. The Trust document often designates that the "XXX Living Trust dated MM/DD/YY" can also be referred to as "XXX Family Trust". Don't count on your arguments holding up in court.

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Answered on 4/30/09, 12:51 pm


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