does a land trust agreement needs to be notarized? - Posted by Joe B.

Real Estate Investing Real Estate Law
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Posted by Joe B on October 10, 2005 at 01:16:50:

Thanks for your answer

Is that mean I can have Joe Seller deeds the property to “Joe Seller Trust” with a warranty deed even though I haven’t created the trust yet?

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does a land trust agreement needs to be notarized? - Posted by Joe B.

Posted by Joe B. on October 05, 2005 at 06:30:05:

i have couple questions when taking property subject to with the land trust method:

  1. does a land trust agreement needs to be notarized since this is not going to be recorded?

  2. should i create the land trust before seller deeds the property to the trust or it doesn’t matter?

  3. is there any difference between:

a) seller transfer beneficial interest after the living trust is created & funded

b) seller transfer the deed to a trust i own?

Thanks in advance,

JB

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Different state laws - Posted by John Merchant

Posted by John Merchant on October 05, 2005 at 14:45:16:

I’d talk to a local title co. before getting into exactly what to record, etc.

In some states (CA,I know)one is severely restricted as to what CAN legally be recorded…in others, most anything that’s notarized.

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Re: land trust agreement needs to be notarized? - Posted by ABSTRACT

Posted by ABSTRACT on October 05, 2005 at 11:50:26:

The document must be Notarized to record, You do not have to record the entire trust, what you would record is a summary of the trust showing who is trustee, beneficial interest is not divulged, Title company will require a affadavit from trustee, stating that at the time of recording, this trust is valid as stated.

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Notarizing and recording trust - Posted by John Merchant

Posted by John Merchant on October 05, 2005 at 07:56:21:

J is right, as nothing can be recorded without NP’s acknowledgement, so why not have it acknowledged?

Just because it could legally be recorded sometime, it doesn’t have to be until you need it done.

And, FYI, no title co. is going to let you convey property FROM that trust without lots of proof of your trust, etc…and they could at some point in the future insist on its being recorded.

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Notarize?? - Posted by Jimmy

Posted by Jimmy on October 05, 2005 at 07:39:19:

to my knowledge (practiced trust & estate law for 20 years), there in no requirement that a trust agreement be notarized. Indeed, a trust can be created without any written documentation.

HOWEVER. If you ever wanted to record the trust instrument into the county real estate records, the instrument would need to be notarized.