Legal Question in Real Estate Law in California

what are the fees for a name change in a deed of trust?


Asked on 11/30/12, 2:56 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This could range from free on up to thousands of dollars, depending upon several factors. Most importantly, perhaps, what occasions the need to change a name in the deed of trust? Did the preparer (title company, attorney, lender, etc.) make a clerical mistake? If so, the correction ought to be made without charge, and the party responsible for the error should also pay the fees to re-record the deed of trust. If, however, as often happens, there were initially two borrower/owners and one is departing through a buy-out, divorce, etc., the preparer is not at fault, and the real issue is not correction of an error but removal of one of the borrowers as a named co-obligor. Some lenders willo allow this kind of loan modification fairly routinely, and will re-do the deed of trust for a fee sufficient to cover their clerical and legal costs, maybe $500 to a couple thousand depending u0on the loan amount and their happiness with the situation. Occasionally lenders won't let an initial co-borrower off the hook at any price (except refinancing the entire loan). I am answering based upon information from a relatively small number of clients who've been involved in re-writing loans due to various kinds of split-ups, business, marital or otherwise. We have a couple of attorneys here who have worked for lenders, and would have a lot more experience in this area that I have, and I hope you'll get a couple of other views in addition to mine.

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Answered on 11/30/12, 4:04 pm
Anthony Roach Law Office of Anthony A. Roach

What in the world is a name change on a deed of trust? Huh?

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Answered on 11/30/12, 4:23 pm


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