Legal Question in Real Estate Law in California

what form to fill out for name change on deed of trust on property


Asked on 8/23/09, 6:03 pm

1 Answer from Attorneys

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

In order to answer this question, it would first be necessary to know which party wishes to change its/hers/his name, and why. There are usually three names (of parties) on the deed of trust: the trustor, the trustee, and the beneficiary (plus the name of the notary will appear, as will the name(s) of co-trustors.

Normally, once the deed of trust is recorded, it cannot be altered except by court order following a suit, such as an action to reform or cancel an instrument.

If a name change is desired because a party has changed his or her name, e.g., by marriage, it would be unusual (and unnecessary) to attempt to alter the deed of trust.

If the beneficiary changes because the accompanying note has been sold to a new holder, I believe the appropriate action is to record an assignment.

Changes of trustee are also fairly common, and that is done by recording and serving a notice of substitution of trustee.

I do not know of any method, or any reason, to change the name or names of the trustor(s) (borrowers) on a deed of trust. Once the act of giving the deed of trust is done, it's done. You can't un-ring the bell. Of course, when the promissory note is paid off, the trustor(s) are entitled to a reconveyance, which has the effect of canceling the deed of trust.

Perhaps if you re-ask your question with a little clarification of what you're trying to accomplish, and why, someone can give you a more helpful response.

If, as I suspect, you are trying to ask "How do I get my name off the loan?" there is a different set of answers. They include paying it off (by refinancing or making all the payments), or getting the lender (note holder) to agree to a modification, which some will do in certain circumstances.

Read more
Answered on 8/23/09, 7:04 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California