Deeds and other Title Documents in California
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Third in a series on Deeds (From CALDA, California Association of Legal Document Assistants)
Deed of Trust
A Deed of Trust is utilized by a borrower (trustor) to convey “bare legal” title to the subject property to a neutral party (trustee), in order to secure an obligation (usually the payment of a promissory note) payable to a lender (beneficiary). The trustee (usually a corporation) gives instructions to issue a Deed of Reconveyance (when the obligation has been paid in full) or to begin foreclosure proceedings because the trustor is in default on the loan. The trustee is given a “power of sale” (non-judicial foreclosure) and proceeds from the trustee’s sale will apply as payment toward the defaulted obligation. These documents are also referred to as “mortgages” or “liens,” and are recorded in the county where the property is located.
Mobile Home Transfers
Only mobile homes that have been installed on a foundation are considered real property and, thus, can be transferred by deed. Mobile homes and manufactured houses that are not installed on a foundation approved by the California State Department of Housing and Community Development, are transferred by a title document similar to title to a car. When the mobile home is put on an approved foundation (building permit is required), a local agency issues a certificate of occupancy and records, with the county recorder, a document stating that a mobile home has been affixed to real estate. The Department of Housing cancels the registration, and the owner gives the certificate of title back to the Department. From then on, the mobile home is transferred by a deed to the land it is situated on.
Next month we will be discussing the various ways one can hold title to real property.
Charlotte L. Ruse is a Kern County registered and bonded Legal Document Assistant (LDA), serving Kern County for 12 years by providing affordable self-help legal document preparation and Notary Public services. Kern County LDA #95 EXP. 10-1-17. I am not an attorney. I can only provide self-help services at your specific direction.