Sean - What should the trustee's deed upon sale contain?


#1

I recently received my Trustee’s Deed Upon Sale. I noticed that the APN number is correct but for the legal description — it says see ATTACHED LEGAL DESCRIPTION. However, there was no other attached legal description. (i.e. no lot number of Tract number, etc.) What do you recommend to do? What else should be on this document – it has the correct instrument number.

Thank you


#2

Addendum to the above: can I record this document at the county even though it does not include the legal description (only the APN) or should I call the trustee again and asked them to fax or send it over? If I do decide to record it, can there be an addendum later on. Thank you.


#3

You could ask the trustee to send it, they certainly should have in the first place.
The legal description is often an attachment on the original deed of trust that was foreclosed on as well. You may simply be able to take a copy from that document and use it here.
I would not record the trustees deed without it.


#4

For we newbies, could you give the “nickel tour” of what the “Trustees Deed” or “Original Deed of Trust” looks like that we have to “file” with the county? Thanks.


#5

The recorders office will not record the Trustees Deed without the legal description attached. Since the correct APN is listed on the document with the appropriate party signing you can simply get a copy of the legal description from the Trustee or the customer service department of you title company and attach it.
If you pick an address of a property that has gone through the foreclosure process you can then request a copy of the original Deed of Trust and the Trustees Deed. Essentially the Deed of Trust outlines the rights of the lender in making a loan secured by the property. The Trustees Deed transfers title after the trustee sale. (As opposed to a grant deed if the seller was selling the property and transferring title).