Legal Question in Real Estate Law in California

can a trustee act as both trustee and beneficiary in a deed of trust?


Asked on 7/29/10, 3:43 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A beneficiary is not prohibited from also acting as trustee under a deed of trust it holds, or having one of its employees act as trustee. See More v. Calkins (1892) 95 Cal. 435 and Witter v. Bank of Milpitas (1928) 204 Cal. 570. However, this is unwise and rarely done in practice because of the possibly-conflicting roles and duties.

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Answered on 8/03/10, 4:28 pm


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