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#411993 - 08/23/05 02:30 PM trust documents
patsfan1224 Offline
100 Club
Joined: Feb 2005
Posts: 135
patriot nation
Weird that someone else was asking a trust question:
Here is mine: We have Trust Documents dated December 1980, are these considered still good? I mean couldn't something have changed in all this time? Should we require an updated version? Sorry, if this is a dumb question. Title will be held in realty company name and individual, trustee did sign the application. There is only one trustee according to the docs. What should I be looking for in the docs as pertinent?
Thanks for the help

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#411994 - 08/23/05 02:38 PM Re: trust documents
Truffle Royale Offline

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Joined: Jul 2003
Posts: 17,400
We will not accept responsibility for the review of trust documents but do require a certificate of trust prepared by an attorney indicating the following:
v The identity of the grantor/trustor/settlor, beneficiary and trustee;
v The powers of the trustee (e.g., mortgage the subject property);
v That the subject property is held by the trust;
v That the trust is revocable;
v That the trust was created and became effective during the lifetime of the original grantor/trustor/settlor.

These are also the FNMA Eligibility Criteria.

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#411995 - 08/23/05 02:55 PM Re: trust documents
Anonymous
Unregistered

is the certificate signed at the closing or do you require it beforehand?

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#411996 - 08/23/05 03:00 PM Re: trust documents
patsfan1224 Offline
100 Club
Joined: Feb 2005
Posts: 135
patriot nation
sorry that was me - I forgot to log back in

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#411997 - 08/23/05 04:37 PM Re: trust documents
Truffle Royale Offline

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Joined: Jul 2003
Posts: 17,400
Certificate of trust comes from and is signed by an attorney. We must have it and verify that all five points have been properly addressed before we will prepare closing docs.

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#411998 - 08/23/05 05:31 PM Re: trust documents
berico Offline
Gold Star
Joined: Jun 2004
Posts: 290
California
Trusts are handled under state law. Check your state requirements (In California, certificates are signed by a trustee, not an attorney.)

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#411999 - 08/23/05 05:37 PM Re: trust documents
Truffle Royale Offline

10K Club
Joined: Jul 2003
Posts: 17,400
berico is right. What I call a certificate of trust may be a totally different document in CA or other states.

What I'm looking for is a statement addressing the five FNMA criteria outlined above by an attorney who is capable of standing behind their reading the trust and deciphering it.

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