Deed of Trust

Archive for January, 2008

Question: Can a Notary Public notarize his neighbor's signature on a " Note Secured By Deed of Trust"?

Without knowing if the neighbor is actually the owner of the house? and What is the notary's liability, when the note is declared invalid because the neighbor is NOT the owner of the house he used to secure the loan???

Answer: The notary is only to varify the identity of the person siging the document. It does not confirm the authenticity, or validity of the actual document itself. The notary only has to ask to see I.D. to prove that the person signing is who they say they are. THe document could say that the person is now the "King of France", that doesn't make it true. So yes, a notary can notarize the note, but it only confirms that the neighbor is who he says he is, nothing more.

This person may get into trouble for trying to commit fraud to secure a loan, but the notary is not involved in that. But because his signature was notarized, it only helps the prosecution of the fraud.

Modern Family Trusts dont contain schedules

Question: what is the procedure if you have a Trust Deed and pay the amount to clear it how do u clear your name?

we have a Trust Deed,we were told if we paid £12,000 it would be cleared,we have paid it for a year then got a lump sum to clear it off, 3 months ago .we have paid £12,500 in total,we have had no contact from the trustee despite several letters,problem is i need to buy a new car for work,but cannot get finance because of this,what is the procedure for discharging the Trust Deed?

Answer: check recent transactions on amazon and see if you accidently paid all that money. If not, contact the bank so that they disable the account. If so... contact the seller and try to cancel ythe deal

Super Fund sacks its Company as Trustee

Question: quick claims deed in Texas?

Are quick claim deeds legal in the state of Texas? My brother in law is trying to get us to sign a paper saying that we have no interest in his property. He wants us to sign this paper without any attorneys involved and I do not trust him. I think he is trying to get a loan against the home he is living in (there was no will left by the parents so this is why things are being handled this way) Please all you lawyers in Texas please educate me. And by the way ... can an individual acquire a warranty deed or special warranty deed by themselves or do have to go through court when there is no will.

Answer: A quit claim deed is legal in Texas. It's purpose is to simply say "I quit claiming any ownership in this property."

If there was no will, but the parents' intent was to give the house to your brother in law, and your husband agrees that this was his parent's intent, then there should be no problem in signing. If instead, your husband expects to get half the property, then don't sign.

The Texas Note Company - Core Business