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The very best Realtor I have ever worked with and a very nice person.....!!!!!Buyer
"We were relocating from Pennsylvania to Dallas and had a very short window in which to find a house. We selected online the houses we wanted to see prior to our arrival and Shawn arranged and mapped out three days worth of houses to view. By the time we left we had a house. While still in Pittsburgh Shawn helped us finalize our closing from a far and assisted us with finding numbers to utility companies and or anything we needed. We have moved every year for the past 5 years and this by far was the best experience yet!"
"Edna was a wonderful agent for us as we were first time home buyers and we wanted to build a house. Edna helped us navigate the world of new home builders and made sure we got more than a fair deal when she negotiated with them for a price and upgrades. Edna was willing to meet us and spend the time to explain all the terms of the paper work before we signed anything. She gave us helpful insights and suggestions to aid us in building a home we would be satisfied with. I would recommend her to anyone. We will use her again." - Mikayla Sjolin
"Our agent was wonderful." - Steve And Nikki Ormsby
"Totally committed, competent and great to work with. She goes beyond what is required." - Buyer, Waxahachie
"She was very professional in every aspect, very informative always no matter what we called her about. She never complained one time about the many questions we had and went out of her way more than once to make sure we were satisfied. I would highly recommended her. She knows her business and does very well at it." - Buyer, Fort Worth
"Shawn Ramsey was my agent on this investment property and I had the pleasure to meet with his partner and mother, Edna Ramsey. It is obvious that the two of them make a great team and are very knowledgeable of the investment market. I look forward to working with both of them with my next projects." - Buyer, Arlington
In today’s world of busy probate courts and exorbitant death taxes, the living trust has become a common manner of holding title to real property. The following may help you understand a few of the requirements of the title insurance industry if title to property is conveyed to the trustee of a living trust.
What is a trust?
An agreement between a trustor and trustee for the trustee to hold title to and administer designated assets of the trustor for the use and benefit of one or more beneficiaries.
Can a trust itself acquire and convey interests in real property?
No. The trust is an arrangement between a trustee and the trustor. Only the trustee, on behalf of the trust, may own and convey any interest in real property. The trustee may only exercise the powers granted in the trust.
What will the title company require if a trustee holds the title to the property which is part of the trust?
A certification of trust containing the following information:
Date of execution of the trust instrument,
Identity of the trustor and trustee,
Powers of the trustee,
Identity of person with power to revoke trust, if any,
Signature authority of the trustees,
Manner in which title to the trust assets should be taken,
Legal description of any interest in the property held by the trust, and
A statement that the trust has not been revoked, modified, or amended in any manner which would cause the certification to be incorrect and that the certification is being signed by all currently acting trustees of the trust
My trust contains certain amounts of money to be given to various charities which is none of your business. Can I omit these pages?
Because many different provisions may be on the same page, the answer must be no -- but if the title company requires a copy of the trust, it may accept a copy with those amounts blacked out.
If there is more than one trustee, can just one sign?
Maybe. The trust must specifically provide for less than all to sign.
Can the trustee give someone a power-of-attorney?
Only if the trust specifically provides for the appointment of an attorney-in-fact.
What will the title company require if all the trustees have died or are unwilling to act?
If the trustor is not able to do so, or the trust provisions prohibit the trustor from appointing a new trustee, the court may do so.
How does a notary acknowledge the signature of the trustee?
Title is vested in the trustee. Hence, if the trustee is an individual or a corporation, then the new general form of acknowledgment will be prepared to reflect the intrinsic nature of the trustee.
How would the deed to the trustee ordinarily be worded to transfer title to the trustee?
“John Doe and Mary Doe, as trustees of the Doe family trust, under declaration of trust dated January 1,1992.”
Are there any limitations on what a trustee may do?
Yes, the trustee is limited principally and most importantly by the provisions of the trust and, thus, may only act within the terms of the trust. The probate code contains general powers which, unless limited by the trust agreement, are sufficient for title insurers to rely on for sale, conveyance, and refinance purposes.