Posted by Jeff Denney on February 04, 2006 at 24:32:25:
I think I may be having a battle of wits with an unarmed man. A friend (investor) just sent me a land trust that he wants me to get my signature notorized as the trustee. The problem in my eyes is that he had his seller sign a trustee deed to me as “trustee of the ________street trust” 2 months ago. Then he recorded the deed.
I feel he has created a cloud on title by having the seller deed a property into a trust that did not exist at that particular time. Even though the printed date of the trust is 2 months ago, the date of my notorized signature will be today.
When his buyer trys to cash him out in a few years and gets his own title search, I feel I will be sucked into a lawsuit as trustee. Is the legal creation date of a trust what is printed on the document or when the trustee (and benificiary) signs it? Can you deed to a trust and create the trust at a later date with no problems of clouded title? What’s my liability? Am I the one with no wits?