Title Holding Trusts - CA - Posted by Frank

Real Estate Investing Real Estate Law
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Posted by Frank on March 04, 2009 at 11:37:08:

Due to the case currently being in litigation, publicly outlining details is most likely unadvised.
If you could e-mail me privately, your insight would be appreciated.
Thanks
PS upon completion I will be happy to update the board.

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Title Holding Trusts - CA - Posted by Frank

Posted by Frank on March 03, 2009 at 19:19:05:

When a property is grant deeded into a title holding trust, is the trust the grantee or is the trustee the grantee. My attorney claims the property was deeded to the trustee. The trustee’s name contains a typographical error and is being challenged in court. If the property were actually deeded to the trust it would seem the trustee could be replaced and thus eliminate at least this particular challenge.
Thanks

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Re: Title Holding Trusts - CA - Posted by BTI

Posted by BTI on March 04, 2009 at 10:47:25:

Frank

All my land trusts have the deed to the trustee of the trust, never the trust.

I’m not an attorney, but I would get a new one if yours doesn’t agree, the misspelling of the trustees name doesn’t invalidate anything, he would just need to sign off with the same misspelling followed by also known as (the right spelling).

Good grief if all the deeds out there with misspelled names had to go to court each time we would clog the court system even more.

I would be even more interested in why the thing is even being challenged in court in the first place, any details on that, or is it a hard up attorney trying to make a few more bucks any way he can.

And I don’t know why, as you suggested sort of, you just can’t correct the error by substituting the trustee by just making the new trustee, the old trustee, with the correct spelling.

I know most attorneys are dimwits when it comes to trusts, but the ones reading this site must be familiar with them.

Of course they can’t charge you a fee if they had enough class to take time to answer here what is really a simple question.

That makes me think, maybe I should send my attorney a bill every time I graciously answer an investment question for him?

BTI