Legal Question in Real Estate Law in California

What does executed mean? ďA trustee named in a recorded substitution of trustee shall be deemed to be authorized to act as the trustee under the mortgage or deed of trust for all purposes from the date the substitution is executed by the mortgagee, beneficiaries, or by their authorized agents." Is a signature executed when it is signed, when it is notarized, or when it is recorded?

Asked on 10/04/13, 1:59 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Executed in that context means "signed."

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Answered on 10/04/13, 2:17 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree. Documents don't need to be notarized or recorded in order to meet the definition of having been executed. Execution refers to signing with intent to be bound thereby.

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Answered on 10/04/13, 2:23 pm


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