Deeds of Trust are legal documents used in real estate transactions. Some states will use a Deed of Trust instead of mortgages. Here are answers to important questions about deeds of trust and how to get them properly notarized.
There are three parties involved in a deed of trust:
- The lender
- the borrower
- and a trustee.
The lender lends money to a borrower for the purchase of a home. In exchange, the lender will receive a promissory note that guarantees the borrower will repay the loan amount. A Trustee holds the title to the property during the time period of the loan.
Deeds of trust vs a mortgage – what is the difference?
Deeds of Trust differ from mortgages in a few ways. One similarity is they both guarantee that the borrower repays the loan.
A mortgage has only two parties involved – a lender and a borrower. Deeds of Trust differ in that they also have the third-party Trustee.
In a mortgage if the borrower defaults on the payment, the lender would be the responsible party for the starting process of foreclosure and then a court process would ensue. A Deed of Trust would go through a process known as a Non-Judicial foreclosure. In a Nonjudicial foreclosure there is no Court procedure. In California the lender can do a Judicial or Non-Judicial foreclosure.
Does a deed of trust have to be recorded?
A Deed of Trust once signed and then notarized will then get recorded.
Are California deeds of trust different?
California mainly uses a Grant Deed and a Quitclaim Deed. Many states will use a Deed of Trust however, many states will allow a Mortgage.
How to notarize a deed of trust.
The process of notarization for a Deed of Trust is the same as any document that gets notarized in California. First the signer must procure their paperwork, have a non-expired Government issued ID with a photo, and be conscious and aware of what they are signing.
Who signs a deed of trust?
The Deed of Trust is signed by the property owner who will sign the note.
What ID is required to notarize a deed of trust?
A government issued ID with a photo is required for notarization. Acceptable forms of ID for notarization include:
- driver’s license
- ID card
- Senior ID Card
- US passport or passport card
- US military ID
- a valid foreign passport from the signer’s county of citizenship
- a Canadian or Mexican driver’s license issued by an appropriate public agency
- an employee ID card issued by an agency or office of the state of California or a California city, county, or city and county.
How much does a deed of trust cost?
The cost of a Deed of Trust varies depending on the entity that the signer procures to prepare the document. The recording fee will vary depending upon the county where the document is being recorded.
How much does it cost to notarize a deed?
The cost to notarize a deed is $15 per notarized signature plus any mobile/travel fees. If the deed is included in a loan package such a refinance, Heloc, sellers, buyers or loan modification, the fee for the deed being notarized will be included as a package fee including travel, printing, notarization, and Fed-EX drop off.
If you have questions about notarizing your deed of trust or other legal document, call us at 818-357-0208.