Legal Question in Real Estate Law in California

Home refinanced in 2004 by surviving spouse trustee in CA. The legal title and the trust deed and note are a bit different, Jane Doe, trustee of the JD trust, dated August 15, 1988 is the title holder. Jane Doe, trustee of the JD trust, dated October 15, 1988, is the way the Trust Deed and Note are executed. Jane Doe signed only as trustee, not individually. Jane Doe passed away. Trust asset was community property at the time the first spouse (husband) died in 2002 and his share was irrevocable as of the date of his death. I am sucessor trustee of the John Doe trust, dated August 15, 1988. Can the lender foreclose on this trust deed? Can the deed be declared invalid through a quiet title action?


Asked on 8/24/09, 7:48 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

I would need to see the documents in order to give you accurate advice. From what you have said, it appears that there is nothing wrong or invalid with the trust or the trust deed. The deed was executed after the trust was executed, which is the way it should be. As far as the signatures on the deed, I do not believe there is a problem. You may want to check with a title insurance company to see if they will insure the title. I am confused by your statement that husband's share was irrevocable yet was community property. I would need to see your trust in order to determine who the proper beneficiary of the real property is.

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Answered on 8/25/09, 2:19 pm


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