Posted by Faith Ragusa on 7/20/13 12:55am
Msg #477534

trustee optional?

When a trustee in CA signs property out of Trust via Grant Deed into an individual and the signature line provides that persons name with "trustee" printed next to individuals name, is the signature to read.....John Doe, trustee or is the trustee title optional? I've had a few requests by title companies not to have trustee added to signature and am now feel unclear about the matter.

Reply by JanetK_CA on 7/20/13 3:07am
Msg #477539

Join the club. Some will require it be added, some will say do not. As a result, I doubt it's a recording requirement, but the rest is generally determined by the lender's requirements - which seem to be all over the map. Just ask your client. You'll probably find, like me, that you tend to get a different answer every time, unless you're dealing with one of the major lenders - which you get to know after a while.

Reply by ReneeK_MI on 7/20/13 5:03am
Msg #477542

Boy, you said that right! I read this and immediately thought of two recent jobs where the borrowers were closing in trust, and were attorneys - both lenders wanted them to sign with "trustee", and both had absolute conniption fits, insisted on signing ONLY as individuals. Both lenders caved to it.

Reply by MW/VA on 7/20/13 8:17am
Msg #477544

Ditto. Make sure to ask how they want it signed. n/m

Reply by Cynthia D Allen on 7/20/13 4:06am
Msg #477540

Usually - client has to just sign his signature 'not trustee'. If you are unsure - leave the 'trustee' out.

Reply by Linda_H/FL on 7/20/13 8:26am
Msg #477545

Although I agree with "ask your hiring party, what happened to "sign your name as it appears"?

IME in law firms, if you are signing in your capacity of trustee (or whatever), you sign <<name>>, Trustee. The only variable might be do they have to add all that junk that usually appears...."trustee of the blah blah trust dated xx/xx/xx"

IMO, this is no different than a POA signing - <<name>> as AIF for <<name>>; <<name>> Trustee. They're signing in a representative capacity and that has to be explicit in the signature too.

If it's printed that way under the line, IMHO it's not optional - that's what's required.

JMHO

Reply by JanetK_CA on 7/21/13 2:23am
Msg #477620

I don't know if it varies by geography (i.e. Recorder's offices?), but there are at least a couple of major lenders that are very explicit about NOT having the borrowers sign anything more than their signature.

Reply by ReneeK_MI on 7/20/13 12:30pm
Msg #477564

You can sometimes buy a clue by reading

the Lender's Closing Instructions (if you have them). They usually spell it out for you there.