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My step dad bought a house and put my wife and myself on the…

Hi, My step dad...

Hi, My step dad bought a house and put my wife and myself on the grant deed. He passed away last year and I found out he also put only me in a trust. I'd like to refi the house but would only like to use the grant deed. Is this feasable? I live in Ca.

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No. The lender made me aware that the house is in the trust under my name only.

Lawyer's Assistant: Have they talked to a CA lawyer about this?

They who?

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Answered in 4 minutes by:
3/19/2018
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,800
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 4 months ago
Ok

So here if this is in trust , have you seen the trust or have any idea who is trustee?

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Customer reply replied 4 months ago
I'm the trustee

So here as trustee you may want to deed it to yourself individually and get it out of trust for refinance purposes into your name individually.A fiduciary deed would work here.

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Customer reply replied 4 months ago
Can I pay for you to call me?

Deed forms

https://www.uslegalforms.com/ca/CA-SDEED-6.htm

No please just ask any follow up here, the site sent that not me.

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A fiduciary deed is a deed used to transfer property when the grantor is acting in his official capacity as a trustee, guardian, conservator, or executor, etc. A fiduciary deed typically only warrants that the fiduciary is acting in his appointed capacity and in the scope of his/her authority and doesn't guarantee the title of the property. Fiduciary deeds are governed by state laws, which vary by state, and may provide an exemption from transfer taxes for fiduciary deeds.

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I sent you an offer, accept ask as much as you want here.Be happy to respond,thanks

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,800
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Ray and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now

Ask anything you want here

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Customer reply replied 4 months ago
Can I deed the house to myself and my wife? The grant deed was originally in both our names anyway.

Yes you can understanding that its then marital property in case of divorce here.

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Customer reply replied 4 months ago
Lol. Just reminding you we live in California. Just want to make sure your answers apply to our state. How do I start a fiduciary deed?

I sent you the California Fiduciary Deed forms above.

https://www.uslegalforms.com/ca/CA-SDEED-6.htm

***** ***** , Trustee of the Bill Smith Trust, Grantor to ***** ***** and ***** *****, Grantees.

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Customer reply replied 4 months ago
will the lender allow this? And can the lender deny a fiduciary deed and take the house?

Lender here would have to let you assume loan or refinance it here.They cannot foreclose if you apply here and contact them.Federal law allows you the right to assume a loan from a deceased person.

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A 1982 federal law makes it easy for relatives inheriting a mortgaged home to assume its mortgage as well. For example, your deceased parent may have left you a mortgaged home. When a mortgaged home is inherited, the mortgage's due-on-sale clause prevents the loan from being assumed. However, relatives inheriting mortgaged homes, such as the adult children of deceased parents, can also assume their mortgages if they intend to live in those homes.

Garn-St. Germain

The Garn-St. Germain Depository Institutions Act of 1982 allows relatives inheriting mortgaged homes to take over their mortgages. Under Garn-St. Germain, you won't need to refinance your deceased parent's mortgage or even assume it. Just notify your deceased parent's mortgage lender that you're inheriting your parent's home, will be living in it, and will be making the mortgage payments. After inheriting your parent's home, you might need to obtain a new deed in your own name.

Mortgage Lender Notification

Notifying a mortgage lender of your parent's death isn't something that's a pressing matter. Until you know what you're going to do with your deceased parent's mortgaged home, you don't necessarily have to notify the mortgage lender. However, you must continue to make the mortgage payments; otherwise, the lender can pursue foreclosure. Keep in mind that property taxes and insurance must be paid and that the home may come with property liens attached to it.

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Customer reply replied 4 months ago
it doesn't matter that he wasn't my real dad? He was just like a dad to me for 30 years.

No he can leave it to whoever he chooses by trust or will here.It is yours and that doesn't change.

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Customer reply replied 4 months ago
Thanks Ray. I used you last month as well. I appreciate your professional help again tonight. Goodnight

Good night.
You can post back here tomorrow if you think of something more.You can post for Ray only in the future be happy to help again.

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