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PDF Editor FAQ

What is assumption deed of trust?

A deed of trust to secure assumption is not a property ownership document. Some states, such as Texas and California, use filed deeds of trust instead of mortgages to secure payment of a home loan. Mortgages have a buyer and a lender, but deeds of trust have a third party, the trustee.

Real Estate: Transfer a residential property to a corporation in CA?

Most deeds of trust in CA prohibit a sale or transfer of the mortgaged property without the consent of the lender. So, as Mike correctly notes, call the lender and see what they need to accomplish this. At a minimum, you can expect to have to guarantee any assumption of the loan by the Newco.On a different note, conventional wisdom says that you should transfer real property to an LLC and not a corporation. If the real property appreciates, you can typically distribute it back to yourself without incurring taxable gain, but the same may not be the case with a corporation.Disclaimer: All of my responses on Quora are subject to the Disclamer set forth in my Quora Profile.

What are the legal documents that are required to purchase land?

Generally, here's a list of all "required" documents in a typical U.S. land purchase transaction:Purchase and Sale AgreementDeed (property title), possibly either Grant Deed or, very unlikely, QuitclaimProperty Description(Preliminary) Title ReportTitle InsuranceEscrow InstructionsIf financing, then all loan related documents (Note, Deed of Trust, etc.)If obtaining easement rights or other conveyances, then transfer or assumption of those rightsIf development, then Assignment and Assumption Agreement plus General Indenture and Conveyance for intangible propertyAll Closing Documents, such as Settlement Statement, Closing Letter From Title Company, etc.Your Broker's Agreement (listing agreement or buyer's representation)However, think of these documents not as a single checklist of required documents but as a series of documents where the necessity and complexity of those documents depends on circumstances of your transaction, including who the parties are and the nature of the property.As always, do not rely on this as legal advice - please seek the counsel of a qualified real estate attorney in your jurisdiction.

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