Legal Question in Real Estate Law in New York

Deed in Trust; Land Trust; Deed Recitals

Thanks for the help.

When deeding real property into trust in New York, where the trustee is to have full authority to mortgage, sell, etc. the property, are the recitals of these duties necessary in the deed? The trust is not filed.

If the trustee is succeeded later bat a successor trustee, how will the chain of title be affected? What will the title company require to confirm the new trustee's authority?

Hope you can help.

Long Beach, NY


Asked on 8/03/02, 6:00 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Deed in Trust; Land Trust; Deed Recitals

A copy of the trust agreement.

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Answered on 8/03/02, 6:59 pm
Bunji Fromartz Fromartz Law Offices

Deed Recitals not needed.

The trust documents and the trustee(s) will be needed at the closing.

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Answered on 8/05/02, 10:26 am


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