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Do we have to hire the trustee and pay fees? if yes how much normally

West Covina, CA |

In the deed of trust there is a third party called trustee, if this trust deed is between two individuals involving real estate as collateral, how do we normally find and hire trustee and how much cost is involved in trustee hiring??

Attorney Answers 2


Normally, the trustee named in a deed of trust will be a title company who, as part of its business, will act as the foreclosing agent in the event of non-payment. Virtually all trust companies have a form trust deed on their websites which name them as trustee, and allow you to fill in the blanks as appropriate. There is NO fee attached to the use of the form or naming the title company as trustee, UNTIL you seek foreclosure. But be careful, it is REALLY easy to make a mistake and unless you are experienced in this arena I strongly urge you to seek legal counsel in the preparation and recordation of this document. One wrong move and you could cloud title that might require court action to remedy. Good luck.

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You may be confusing a trust with a deed of trust. A deed of trust is security for a loan and the trustee is an independent third party that does not represent the you or the lender. This trustee is generally going to be a title company and it has to be a part of the deed of trust. The fees are usually pretty standard so if you believe they are excessive then you should talk to a real estate attorney.

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