Trust Deeds
Posted on February 10th, 2010 in Finance | No Comments »
You have to get familiar with the notion of “trust deed” and its importance especially if you are at present undergoing mortgage payments. The trust deed or also known as Individual Voluntary Arrangement is perhaps the most important document which is able to testify whether you are the full entitled owner of the respective property.
There are two parties involved in a mortgage process: you and the lender. There is, however a third party called hereby the “trustee” who actually holds the trust deed of the respective property and does not release it until you have paid off your whole mortgage. The true beneficiary of your property is the lender and this is something you need to keep in mind; he is the rightful owner until you manage to pay off your last mortgage payment. Only after this, title ship is being transferred to you.
Knowledge is power and that is a very true statement is the real estate market related transactions. Many times, in this hectic world people tend to skip some very important parts of a mortgage closing: that is, they are so eager to finish the whole procedure, that hey don’t allocate the necessary time to actually check and understand what the trust deed contains. This may have serious repercussions later, when your proprietorship is being questioned for one reason or the other.
In order to begin with the right step, you really need to make sure that the following aspects are a component of the trust deed you are handed for signing:
- Read carefully, and check that there are present all the names of: you the borrower, the lender, and the trustee. These persons are the most important entities in a mortgage transaction. This proof document must contain all the important information.
- Check that you can see the total amount of the loan displayed. If your loan was for $100,000, there is no reason why you should observe $101,000 on the sheet. Accuracy is another factor which must characterize the types of trust deeds.
- Property legal description and vesting report. Both commercial and residential properties will contain these references displayed on the trust deed. Property location information (APN, County, Zip code, City, State, Legal Book & Legal Block, Mailing Route, Legal Lot and Subdivision are the points that should appear); property vesting information (vesting name, mailing address, contact number/s); and last but not least property tax and assessment information (improvement value, total assessed value, delinquent year, tax amount, tax year, land value, tax exemption and tax rate area). Seemingly a lot of information indeed, but all very important.
- Names of those involved in the present process
- Any exceptions, limitations should be referred to in the document, so that you can take note of these
- Extra charges or fees which are important for you to know as the borrower must also be mentioned within documentation. For example, you might be informed that any time you are late with your mortgage payments you are required to pay a fee of $70. This way, you will make everything possible to keep up with the payments. However, there are some exceptions, which are few, where the lender does not levy a late payment fee. Most probably the borrower has to show excellent credit scoring and a very good and high proof of income, so that he doesn’t represent a great risk to the lender.
- The early redemption charge. It may happen that your financial status gets better and you can afford to pay off the mortgage earlier. Instead of 15 years as the initially agreed term, you could pay it off in 10 years. If there is an early redemption charge levied by the lender that might not be so appealing to you. If you want to save on interest payments, or think of re-financing in the middle of the present mortgage term, an early redemption charge is not at all welcome.
- Interest rate related information. Whether it is fixed or variable, and what conditions do apply in each case.