Posted by corona71 on 10/23/05 1:52pm
Msg #71988

affidavit- death of a trustee

Has someone had this in their loan package? I have a borrower who has to sign this, and I hope she knows how. Does anyone know what goes in these blanks, named as Trustee in that certain Declaration of Trust dated________________, executed by___________as Trustor(s). I have been trying to educate myself on this affidavit, but am stumped with these two blanks. This is only a part of the affidavit, I understand the rest, but can't figure these out. Input would be appreciated.

Reply by TitleGalCA on 10/23/05 2:21pm
Msg #71991

Corona, you should leave this up to the title company to fill out.

I'm sure someone will post...."but you can't notarize an incomplete document". The notary can't possible know:

1) the dated date of the original trust agreement; or

2) the original trustees of the trust.

If you're uncomfortable with leaving these two lines blank, call the title company tomorrow. As a notary, I'm not going to fill out legal documents for anyone.

If you like, you can fax it to me tomorrow morning at the office (home fax is down) and I'll take a look at it. Email me if you'd like to do that.

Reply by corona71 on 10/23/05 4:04pm
Msg #71999

Thank you,
I received this form to take to the borrowers house tomorrow morning, and she is supposed to fill it out, then I am to fill out the jurat after taking her oath. my question is, is the borrower going to know how to fill this out? I am pretty sure we will be calling the company who assinged this to me, but this is my first with NFRES, and I don't want to have to sound like I am ignorant if I should know something.

Reply by TitleGalCA on 10/23/05 6:24pm
Msg #72009

Advising her how to fill it out would be UPL.

It sounds like she and her late husband (I'm guessing here) held title as a trust eg. "John Doe and Jane Doe as trustees of the John and Jane Doe revocable trust"...or something like that; and one of the trustors has passed away. The first blank would be the dated date of the trust, the second blank would be the names of the trustors (probably for the deed of trust being paid off - again I'm guessing).

I'd get direction from escrow or the SS; many times the borrower knows how to fill out the document by the way it's worded if they just read it; and she will know the date of her trust agreement.

This is a form specific to the transaction and the way they hold title...you're not ignorant!

Reply by PAW_Fl on 10/23/05 6:58pm
Msg #72012

This appears to be a Navy Federal package. In that case, I submit that the borrower/signer will be fully aware of what needs to be done. You cannot offer any assistance in the completion of the document, as that may be construed as UPL. If the borrower/signer needs help, they will need to contact their loan officer. Of course you can suggest they review their copy of the Trustee agreement that they should have to ascertain the information.

(BTW - You do not "take" an oath. You "give" an oath. You "take" an acknowledgment.)

Reply by Paul_IL on 10/23/05 6:23pm
Msg #72008

Re: affidavit- death of a trustee **Correction**

1: is in fact the date of the original trust agreement which your borrower should have in their possession.

2: not necessarily the Trustee as it states Trustor. Trustor is usually the beneficiary of the trust and there may be a different trustee...sometimes a persons attorney acts as trustee.

Reply by corona71 on 10/23/05 7:00pm
Msg #72013

Re: affidavit- death of a trustee **Correction**

Thanks for the response, any questions borrower doesn't know, we will call and let title clarify for her. I like to be aware of new documents and the purpose of them so I can educate myself a little more.

Reply by Bob_Chicago on 10/23/05 11:23pm
Msg #72025

Not your job, but ...

The date of the trust is usually set forth in the Mtg/Dot. The title holder (owner ) of the property is ususally described as the John Doe trust under trust agreeement dated June 2, 2004 or words to that effect.
The "Trustor is the one who sets up the trust and conveys the property to the trust. In most cases in our type of work, that will be John Doe
The owner of the property transfers the property to a Trust. for any of a number of reasons, none of which are your concern. Usually that person will make themself the Trustee, or the one who can act on behalf of the trust.