escrow

Title Insurance Requirements for Insuring Trusts

In today’s world of busy probate courts and exorbitant death taxes, the living trust has become a common manner of holding title to real property. The following may help you understand a few of the requirements of the title insurance industry if title to property is conveyed to the trustee of a living trust.

What is a trust?

An agreement between a trustor and trustee for the trustee to hold title to and administer designated assets of the trustor for the use and benefit of one or more beneficiaries.

Can a trust itself acquire and convey interests in real property?

No. The trust is an arrangement between a trustee and the trustor. Only the trustee, on behalf of the trust, may own and convey any interest in real property. The trustee may only exercise the powers granted in the trust.

What will the title company require if a trustee holds the title to the property which is part of the trust?

A certification of trust containing the following information:

  1. Date of execution of the trust instrument,
  2. Identity of the trustor and trustee,
  3. Powers of the trustee,
  4. Identity of person with power to revoke trust, if any,
  5. Signature authority of the trustees,
  6. Manner in which title to the trust assets should be taken,
  7. Legal description of any interest in the property held by the trust, and
  8. A statement that the trust has not been revoked, modified, or amended in any manner which would cause the certification to be incorrect and that the certification is being signed by all currently acting trustees of the trust

My trust contains certain amounts of money to be given to various charities which is none of your business. Can I omit these pages?

Because many different provisions may be on the same page, the answer must be no -- but if the title company requires a copy of the trust, it may accept a copy with those amounts blacked out.

If there is more than one trustee, can just one sign?

Maybe. The trust must specifically provide for less than all to sign.

Can the trustee give someone a power-of-attorney?

Only if the trust specifically provides for the appointment of an attorney-in-fact.

What will the title company require if all the trustees have died or are unwilling to act?

If the trustor is not able to do so, or the trust provisions prohibit the trustor from appointing a new trustee, the court may do so.

How does a notary acknowledge the signature of the trustee?

Title is vested in the trustee. Hence, if the trustee is an individual or a corporation, then the new general form of acknowledgment will be prepared to reflect the intrinsic nature of the trustee.

How would the deed to the trustee ordinarily be worded to transfer title to the trustee?

“John Doe and Mary Doe, as trustees of the Doe family trust, under declaration of trust dated January 1,1992.”

Are there any limitations on what a trustee may do?

Yes, the trustee is limited principally and most importantly by the provisions of the trust and, thus, may only act within the terms of the trust. The probate code contains general powers which, unless limited by the trust agreement, are sufficient for title insurers to rely on for sale, conveyance, and refinance purposes.

Article by CLTA

People also read

Paperwork

Statements of Information

Statements of Information What's in a name? When a title company seeks to uncover matters affecting title to real property, the answer is, "Quite a bit." Statements of Information provide ...
Read More
time-and-money

Getting the Highest Price in the Shortest Time

Getting the Highest Price in the Shortest Time In order to get the highest price in the shortest time, you need to know how to market your home. The better ...
Read More
Diagram of housing market on computer screen

Hot, Normal, and Cold Markets

Hot, Normal, and Cold Markets Hot Market This is an extremely competitive market and is advantageous to the seller. Sometimes, homes will sell as soon as they are listed or ...
Read More
Considering Offers

Considering Offers

Considering Offers When reading an offer, keep in mind that you are out to get the best price AND the best terms for you. If you focus solely on the ...
Read More
Action Plan

Plan of Action

Plan of Action Analyze why you are selling - If you understand your motives, you will be able to better negotiate and to get what it is that you want, whether ...
Read More
Credit purchase

Why You Should Not Make Any Major Credit Purchases

Why You Should Not Make Any Major Credit Purchases Don't go on a spending spree using credit if you are thinking about buying a home, or in the process of ...
Read More
Lender handing someone a pen to sign a contract

Types of Mortgage Lenders

Types of Mortgage Lenders Mortgage Bankers Mortgage Bankers are lenders that are large enough to originate loans and create pools of loans, which are then sold directly to Fannie Mae, ...
Read More
Property Lien

Creative Financing

Creative Financing Creative financing: You've heard of it, and, as a seller, the idea sounds pretty attractive. But, do you know everything you need to know about carrying back a ...
Read More
title insurance - keys to a house

Understanding Title Insurance

Understanding Title Insurance What is title insurance? Newspapers refer to it in the weekly real estate sections and you hear about it in conversations with real estate brokers. If you've ...
Read More
escrow

The Functions of an Escrow

The Functions of an Escrow Buying or selling a home (or other piece of real property) usually involves the transfer of large sums of money. It is imperative that the ...
Read More
Financial Documents

Documenting Your Assets – Verifying Your Down Payment

Documenting Your Assets - Verifying Your Down Payment When buying a home, it is not enough to just come up with the money. With the exception of no asset verification ...
Read More
Condo in the sky

Condominium and PUD Ownership

Condominium and PUD Ownership Builders, in an effort to combat the dual problem of an increasing population and a declining availability of prime land, are increasingly turning to common interest ...
Read More
Buyer Agent

Use a Buyer’s Agent

Use a Buyer's Agent It's important that you choose an experienced agent who is there for you. Your agent should be actively finding you potential homes, keeping you informed of ...
Read More
Credit report

WHAT’S A FICO®?

WHAT'S A FICO®?   When you apply for a mortgage loan, you expect your lender to pull a credit report and look at whether you've made your payments on time. ...
Read More
House for sale by owner

For Sale By Owner – A Good Idea?

For Sale By Owner - A Good Idea? FSBO (pronounced fizz-bo), or For Sale By Owner, is a way of selling your home without the use of a professional real ...
Read More
Payment Calculations

The Biweekly Mortgage – Who Needs It?

The Biweekly Mortgage - Who Needs It? Have you received an advertisement offering to save you thousands of dollars on your thirty-year mortgage and cut years off your payments? With ...
Read More
dreaming of a home

Is Buying a Home Still a Smart Plan

Is Buying a Home Still a Smart Plan With the burst of the housing bubble, credit crisis, and millions of foreclosures across the country, you may wonder if buying a ...
Read More
Signing a contract

Advantages of Different Types of Mortgage Lenders

Advantages of Different Types of Mortgage Lenders What kind of lender is best? If you ask a loan officer, "What kind of lender is best?" the answer will be whatever ...
Read More
escrow

Title Insurance Requirements for Insuring Trusts

Title Insurance Requirements for Insuring Trusts In today's world of busy probate courts and exorbitant death taxes, the living trust has become a common manner of holding title to real ...
Read More
Picture of items needed for a loan

Items You Need When Applying For a Loan

Items You Need When Applying For a Loan Have These Items Ready When You Apply For a Loan It used to be that lenders mailed out verifications to employers, banks, ...
Read More
Adjustable Rate Mortgages - The Basics

Adjustable Rate Mortgages – The Basics

Adjustable Rate Mortgages - The Basics An adjustable rate mortgage (ARM) has an interest rate that fluctuates periodically. This is in contrast to a fixed rate mortgage, which always has ...
Read More
Rusty Metal

Underground Heating Oil Tanks

Underground Heating Oil Tanks Underground heating oil tanks can pose many potential problems to both home buyers and sellers. They have been the source of many environmental problems such as ...
Read More
Calculating assets

Required Reporting to the I.R.S.

Required Reporting to the I.R.S. Sellers of real property will have certain information regarding the sale reported to the Internal Revenue Service. This required reporting is a consequence of the ...
Read More
Shaking hands on a land contract

Land Contract

Land Contract An alternative to a non-conforming loan is the use of a land contract, which is allowed in some states. A land contract is an agreement between a buyer ...
Read More
foreclosure

Thinking About Buying a Foreclosure?

Understanding Foreclosures It is an unfortunate commentary, but when economic activity declines and housing activity decreases, more real property enters the foreclosure process. High interest rates and creative financing arrangements ...
Read More
savings for down payment on a house

Your Savings and Down Payment

Your Savings and Down Payment Your First Step Toward Buying a Home When preparing to buy a home, the first thing many homebuyers do is look at the real estate ...
Read More
Cash fanned out

Closing and Title Costs

Closing and Title Costs It's the big day. The day you go to the title or escrow company, sign your name on the dotted line, hand over a check and ...
Read More
Handing over keys

Common Ways of Holding Title

Common Ways of Holding Title How Should I Take Ownership of the Property I am Buying? Real property can be incredibly valuable and the question of how parties can take ...
Read More
Estate Planning Graphic

Living Trusts

Living Trusts Estate planners often recommend Living Trusts as a viable option when contemplating the manner in which to hold title to real property. When a property is held in ...
Read More
Mechanic's Liens

Mechanic’s Liens

Mechanic's Liens The Mechanics' Lien law provides special protection to contractors, subcontractors, laborers and suppliers who furnish labor or materials to repair, remodel or build your home. If any of ...
Read More
Woman shaking hand

Making a Good First Impression

Making a Good First Impression If you want buyers to be interested in your home, you need to show it in its best light. A good first impression can influence ...
Read More
Understanding Preliminary Reports

Understanding Preliminary Reports

Understanding Preliminary Reports After months of searching, you've finally found it -- your perfect dream home. But is it perfect? Will you be purchasing more than just a beautiful home? ...
Read More
Hazardous lead paint removal

Lead Poisoning

Lead poisoning Lead poisoning is a serious problem that can lead to adverse health problems. In children, high levels of lead can cause damage to the brain and nervous system, ...
Read More
Insurance document

Title Insurance When Refinancing Your Loan

Title Insurance When Refinancing Your Loan Lower interest rates have motivated you to refinance your home loan. The lower rate may save you a tremendous amount of money over the ...
Read More
Young couple creating a plan of action

Build a Plan of Action and Get Ready

Build a Plan of Action and Get Ready Buying a home will probably rank as one of the biggest personal investments one can make. Being organized and in control will ...
Read More
Signing a contract

The No-Cost Thirty Year Fixed Rate Mortgage

The No-Cost Thirty Year Fixed Rate Mortgage There really is no such thing as a no-cost mortgage loan. There are always costs, such as appraisal fees, escrow fees, title insurance ...
Read More
Insurance document

Why Do You Need Title Insurance?

Why Do You Need Title Insurance? It's a term we hear and see frequently - we see reference to it in the Sunday real estate section, in advertisements and in ...
Read More
Short Sale

What is a Short Sale Anyway?

What is a Short Sale Anyway? An increase in foreclosure rates will inevitably bring with it an increase in short sales. But what is a short sale? A short sale ...
Read More
Counting Money

Title Insurance – Where Does Your Dollar Go?

Title Insurance - Where Does Your Dollar Go? Title Insurance: As a homebuyer, the term is probably familiar - but is it understood? What is your dollar actually paying for ...
Read More
Sell my home

Know Why You are Selling

Know Why You are Selling If you know exactly why you are selling then it is easier for you to follow the right plan of action for getting what you ...
Read More
Setting a price

Setting the Price

Setting the Price The price is the first thing buyers notice about your property. If you set your price too high, then the chance of alienating buyers is higher. You ...
Read More
Environmental testing

Environmental Issues

Environmental Issues When purchasing a piece of property, it is important to be aware of any environmental liabilities associated with it. For example, you should find out if there are ...
Read More