How to complete a Certificate of Trust

As a certified Signing Agent I often notarize loan packages.  Some of the properties are in a trust*.   So, if your property is in a trust and you will refinance the property or transfer property in or out of your living trust, the bank or lender want to verify that you have the authority and that the trust exist.  So the financial institution will provide the Notary with the refinance package including a page called the Certificate of Trust.

The trust document may have a large number of pages and private information.  The loan package provides a page titled Trust Certificate or Certificate of Trust.  This  is a condensed version of the trust, which leaves out details of what property is held in the trust and the identity of the beneficiaries.  In other words,the Certificate of Trust verifies the trust’s existence, explains the powers given to the trustee, and identifies the successor trustee.

This document usually it is a page that the borrowers complete and sign.  See example below; the notes on red is an explanation of what should be filled in the blanks. This may be useful to notaries since the clients sometimes don’t know the jargon.

 

CERTIFICATION OF TRUST

I / We, names of trustees, confirm hereby and attest to the following facts circumstances and relative to the below mentioned trust:

1. Name of trust:          the name of the trust 
is currently in existence and was created on date of trust.

2. The trust was established by:        The trustmaker, also referred as grantor, trustor or                                                                         settlor, the person that created the trust.

3. The current trustee(s) of the trust is/are:    Write the name(s) of the current trustees.

4. The power(s) granted to the trustee(s) include:
(A) The power to sell, convey and exchange the real property which is the subject of this transaction.
Yes__   No__                If they can sell or exchange the property choose yes.
(B) The power to borrow money as well as mortgage and encumber the subject property with a Deed of Trust.
Yes__   No__               If they can borrow money choose yes.

5. The trust is (A) Revocable or (B) Irrevocable and is revocable by the following party(ies):

If the grantor may amend or revoke the Trust at any time, without notifying any beneficiary then choose  (A)

6. Describe which trustees or combination thereof which are authorized to exercise the powers mentioned in paragraph 4. If the trust has multiple trustees and less than all the trustees are going to execute the document necessary to complete this transaction.
                                       Add names of trustees that are signing.

7. The trust identification number is as follows (last four digits of SSN, etc.):
                                Add last 4 digits of SSN of trustee.

8. Title to trust assets shall be taken in the following fashion:
Normally, the title to trust assets would state the name of the trustee(s) of the trust, the name of the trust itself, and the date of the trust, for example: John Doe, as trustee of the John Doe Trust, dated January 1, 2012.

The undersigned trustee(s) hereby declare(s) under penalty of perjury that the trust described above has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect.

This certification is signed by all of the currently acting trustees who declare the above to be true and correct.

Dated: __________

__________________                ______________________

Signature of trustee                              Signature of trustee .

(Below is the notarial act, Acknowledgment to be notarized)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF   ______________ }
COUNTY OF ______________}
On ________________before me , ______________________________________________Notary Public,
Date (here insert name and title of the officer)
personally appeared ____________________________________________________________
_____________________________________________________________________________
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: __________________________________(Seal)
_________________________ OPTIONAL _________________________
Description of Attached Document
Title or Type of Document: _______________________________ Number of Pages: ________
Document Date: ____________________ Other: __________________________________________________
Sacramento Spanish Mobile Notary Public Signing Agent, Sergio Musetti, Tel 707-992-5551; Apostille service in California, power

 

 

  • Trust: The legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to that property.

Carmichael Mobile Notary 

Ref. leginfo.legislature.ca.gov,  ww.avvo.com, www.thebalance.com, uslegal.com, legalbeagle.com, SacramentoEstatePlans.com, estateplanning.com, nolonow.nolo.com

About Sergio Musetti

Mobile Notary Public business, certified signing agent, Spanish translation interpreting, fingerprinting, Apostille service in California. Apostilla y traduccion. Loan Signing agent with National Notary Association since 2003 http://CaliforniaApostille.us http://WestSacramentoNotary.com
This entry was posted in Estate Planning, Mortgages, Notary, Real Estate, Sacramento, Sacramento Real Estate, Trusts and tagged , , , . Bookmark the permalink.

Comments are closed.