What is the difference between someone’s name being on a title to a property versus being on a deed of trust?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the difference between someone’s name being on a title to a property versus being on a deed of trust?

My aunt, uncle, brother and sister live in a house together. He recently passed away leaving no Will behind. The house is paid off and there is supposedly was no mortgage. My uncle’s name is the only one on the title but my aunt’s name is on the original deed of trust along with my deceased uncle and deceased grandmother’s names. Does she own the home now just because her name is on the deed of trust? If my aunt is not sole owner of the home now then will the home go through probate because my uncle’s name was the only name on the title? How does this work?

Asked on December 26, 2011 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A deed to a particular piece of property where someone is designated as the grantee means that the person who is the grantee owns the property as of the date of the deed.

A trust deed is evidence of a lien on the designated property securing a particular loan. The trustor on the trust deed is the person obligated on the trust deed and the beneficiary is the person who owns the loan secured by the trust deed.

If there is a full reconveyance of the trust deed later recorded on the designated property, it means that the loan secured by the property has been paid off. I suggest that you consult with a real estate attorney further to review the deed and trust deed you have written about.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption