Warranty Deed to Trustee

Posted on March 1, 2011 by global

This is the deed that transfers title into a Trust.

Revised 04/23/2018

Warranty Deed to Trustee

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69 Responses to Warranty Deed to Trustee

  1. Murphy Rivenbark says:
    February 1, 2012 at 3:05 pm

    I need a deed to transfer a house into s living trust.
    Which is the best deed to use?

    Reply
  2. Murphy Rivenbark says:
    February 1, 2012 at 4:22 pm

    What does the mean when it says”under provisions of Section—————what Section are you talking about.
    I don’t know just what to add here.

    Reply
  3. Paul Buie says:
    August 9, 2012 at 9:19 pm

    Paragraph 1 seems to cut off in the middle, “…provisions of Section” then nothing. That can’t be right.

    Reply
    • Nicholas Kouvatsos says:
      August 10, 2012 at 2:23 pm

      We’re looking into this…Ron should have the correction back to us soon.

      Reply
      • Martin Bail says:
        September 6, 2022 at 1:29 pm

        Still cuts off as of 9/5/2022.

        Reply
      • Jonathan Brown says:
        January 7, 2023 at 4:36 pm

        I can’t get this to print correctly. I’ve tried Letter print and Legal print. It seems to be letter print… but the last few lines at the bottom of the “The Interest” paragraph disappear at bottom of page. The last page looks good. It starts with “And the grantor…”

        Reply
  4. Bob Wiesner says:
    September 21, 2012 at 2:06 am

    I still see the same problem with the document as noted above by Mr Rivernbark and Mr Buie. I thought this might be fixed soon after Mr. Kouvatsos’ comment on 8/10/12…Please advise asap what language should be inserted.
    Thanks!

    Reply
    • Albert Brown says:
      February 7, 2015 at 10:58 pm

      In my estimation each state has its own requirements, that is why blank follows Section. I imagine you must check with your state rules of civil procedure to fill in the blank.

      Reply
  5. John Healey says:
    October 22, 2012 at 4:05 pm

    Thanks for making this document available but it appears that the first paragraph is still left open ended. Is there information that needs to be added by us or our attorney or by Ron’s team. I’m thinking maybe an underline and a period.

    Reply
  6. Peggy Atwood says:
    October 25, 2012 at 3:13 am

    This document clearly needs some revision or editing. Would appreciate some assistance, it does not make sense as is.

    Reply
  7. Ron Caruthers says:
    October 31, 2012 at 7:13 pm

    Hey,

    Has anyone seen a corrected version of this? I’m checking to see if I can figure out what the missing language is, but so far, no good.

    Reply
  8. KJ Roberts says:
    November 15, 2012 at 2:19 am

    Like this form a lot

    Reply
  9. Bac Nguyen says:
    December 24, 2012 at 3:54 am

    After ” to wit:” what do I need to fill-in? The legal description of the property? Please advice.

    Cheers,

    Reply
  10. Sheela Dave says:
    May 8, 2013 at 6:08 pm

    i need help with taking over a property under a land trust. welcome any guidance.
    thx

    Reply
  11. William Clark says:
    July 11, 2014 at 4:22 am

    Another great form to have. I don’t think I need this in my state (AZ), but I’ll find out.

    Reply
  12. Craig Gill says:
    October 9, 2014 at 9:39 am

    @ Bac and Sue:
    I always list the legal description of the subject property first. Secondly, “commonly known as” (here add the address) and lastly, I provide the Parcel Number.

    Reply
  13. Peter Cardillo says:
    November 24, 2014 at 7:53 pm

    Has anyone answered the “Section” questionS from 2012? I am being questioned now by a seller, and have no clue.

    Reply
    • Elliot Land says:
      November 25, 2014 at 10:05 pm

      Here’s the answer from Ron:

      “The Section provision is to refer to any state statues you might have to include. However, most states do not require using something here. If you do not need to include something for your state, just remove ‘under provisions of Section’ and your document will be fixed.”

      Reply
  14. Albert Brown says:
    February 6, 2015 at 8:39 pm

    I Wish to download “Land Trust” and “Warranty Deed To Trustee” documents to record my rental property. Where and how can i find them? I am getting frustrated!!!

    Reply
  15. Tim Arnold says:
    March 2, 2015 at 2:23 pm

    Ron, the form seems incomplete in the first paragraph where it ends “under privisions of Section…” ? Is there a more updated form?

    Reply
  16. Tim Arnold says:
    March 2, 2015 at 2:24 pm

    Ron, I just read the response from Elliot Land, so my question is answered. thanks.

    Reply
  17. Joy Gaspar says:
    April 4, 2015 at 2:51 am

    Does the Warranty Deed transfer the property, even if there is $0 consideration? Why the question is because in the Agreement and Declaration of Trust item no. 2 under Consideration, it states ‘No consideration was paid by Trustee for such conveyance.”

    Reply
  18. Joy Gaspar says:
    April 9, 2015 at 9:37 pm

    Please advise on my April 4th post. Let me know if I need to expound on my question if it doesn’t make sense. Thanks in advance.

    Reply
  19. Roger Young says:
    June 11, 2015 at 12:00 am

    Fantastic document. Easy to use and covers everything. Thanks Ron.

    Reply
  20. Keith Faris says:
    February 20, 2016 at 11:39 am

    My notary couldn’t understand why there was a blank titled “seal” next to the signatures for witnesses. There also isnt a blank for the grantor to sign, only a space for what I presume is their printed name. I believe all questions would be answered if we could see an uploaded sample copy of this form, completely filled out.

    Reply
    • Bryan Davis says:
      December 25, 2018 at 11:23 pm

      The “to wit” section makes sense when you use the recommendation above about the legal description and the address. I’m a bit unclear on the “seal” part but I’m in a state that does not REQUIRE witnesses so I believe I’ll simply take that part out.

      Reply
    • Marcell Lewis says:
      November 3, 2023 at 1:50 pm

      did they ever send a sample

      Reply
  21. Jesse Toms says:
    June 26, 2016 at 5:59 am

    So This is used to take title to a house

    Reply
  22. Jesse Toms says:
    June 26, 2016 at 6:03 am

    This transfers tilte into a trust so ur trustees name is on public record and not yours good stuff

    Reply
  23. Bruce Wilson says:
    July 14, 2016 at 9:09 am

    so, where does the name of the Trust go? Is there a filled out Sample form anywhere? I’ve heard how simple it is and its true there are few blanks, but what to put in them ???

    Reply
  24. Bruce Wilson says:
    July 29, 2016 at 6:29 am

    And after 3 years of questions on this one “simple” form
    there is still no clear answers nor is the form in question fixed. Why is that Ron?

    Reply
  25. Jim Langendorf says:
    January 2, 2017 at 12:44 pm

    Ron probably doesn’t deal with this end, and his CS department may not have a system to address document errors. IMHO, add in a line for Grantor above the “signed in our presence” words; and change each “Seal” to “Address”. I’ve made other changes to modernize and clarify. It’s pretty sloppy in its original form.

    Reply
  26. Mgr Investments, Llc says:
    February 9, 2017 at 9:04 am

    Put the question in the ask Ron section and should be answered in one of his weekly q&a in weekly email. Not sure how soon tho

    Reply
  27. :isaac :Richardson says:
    February 12, 2018 at 7:20 pm

    It seems that the GRANTOR signature line is a required ‘ADD’ adjacent to the witness signatures at the bottom. The first ‘seal’ line should probably be for the GRANTOR’s signature.

    Reply
  28. David Comings says:
    September 29, 2018 at 7:13 pm

    There seems to no successor beneficiary designation, in the event of my death. My family members are ready, willing, and able. Did I miss the wording?

    Reply
  29. David Comings says:
    September 29, 2018 at 7:18 pm

    I take back the above. Thought I was in the Agreement and Declaration of Trust.

    Reply
  30. Tony Pearl says:
    November 15, 2019 at 6:01 pm

    #1.
    Hello everyone! Tony Pearl, Mentor here.
    I’d like to help clarify a couple things regarding this doc.
    I have a lot to add here, so in the interest of brevity, I’ll break these up so that I answer ONE item per post…

    When you fill this out, or better yet, when you have your closing agent fill this out, they should know what to do.
    But just to help you out, here’s a few things to know:

    1. The top line, “The Grantor(s)_______” that’s where the current owner(s)/seller(s) names go. For example, “John Smith.” Or if it’s a married couple, “John Smith and Mary Smith, a married couple.”

    The County & State are for where they’re living when they sign this. And we usually like to put the amount of Ten Dollars ($10.00) in there as consideration.

    …Read my next post for more info!

    -Tony

    Reply
  31. Tony Pearl says:
    November 15, 2019 at 6:03 pm

    #2.
    Continuing…

    2. Next line, “Unto______________” You will obviously put your Trustee in there.
    NOTE: I personally like to put the NAME of the Trust, then the Trustee in there, like this: “…Unto 1234 Main St. Residential Land Trust, John Smith, as Trustee”
    Your Trustee can be an individual or an entity, such as an LLC. If you use an LLC, you’ll need your paperwork for this to prove you have signatory capability (ability to sign on behalf of that entity) when they (usually the Notary) may request it).
    If you’re using an individual, it should obviously be someone you know, like, and trust. This person will be appearing on public record and will have signing power to do whatever with the property.

    Some states may use a Trust number. Some don’t.

    I’ll post one more…

    -Tony

    Reply
    • Tony Pearl says:
      November 20, 2019 at 3:36 pm

      NOTE: Ron recommends that when you take title in a Trust, you use an ENTITY (such as an LLC, that you control) as Trustee.
      In addition to that, he recommends that you fill out the Grantee line “Unto…” as just your Trustee.

      For example, “Unto Your LLC, as Trustee”

      Reply
  32. Tony Pearl says:
    November 15, 2019 at 6:06 pm

    #3
    There’s more…

    3. Where it shows “to wit:” you’ll insert the Legal Description there!
    (Ex: “All that land…Lot 14, Block 28, blah blah blah”)

    NOTE: The Legal Description must be FULL, COMPLETE, AND ACCURATE!!
    The slightest mistake here could cost you, so don’t play around with this.
    This is one of the many reasons why you’ll want to have a professional help prepare this deed for you.

    Ok, I’ll finish it up with one more post…

    -Tony

    Reply
  33. Tony Pearl says:
    November 15, 2019 at 6:10 pm

    #4
    Final one for now…

    4. On the 2nd page, where the signatures go, here’s what you need to know:

    -The GRANTOR (who is the seller/owner of the property) will sign here.
    -There are TWO sets of signature lines here, in case there are two people, such as a husband and a wife (typical).
    -There needs to be a WITNESS to witness their signatures. It can be the same person for both (usually, unless there’s some sort of special state stipulation that designates otherwise).
    -Where it says “Seal” is where the person SIGNS this Deed.
    -This will obviously need to be Notarized, so wait until you have the Seller(s) in front of a Notary to sign… which is what will be handled FOR you by your closing agent (attorney or title company).

    Ok, that’s all for now.

    Hope that helps you out!! 🙂

    —Tony Pearl
    One of Ron’s Mentors

    Reply
  34. Dorothy Thompson says:
    June 6, 2020 at 6:02 pm

    Thanks for clarifying, Tony.
    I wish there was an audio response here.
    You have a very comforting voice.

    Reply
  35. Dorothy Thompson says:
    June 6, 2020 at 6:07 pm

    And… I almost forgot…Thank goodness I finally found this document been looking for a while now.

    Shouldn’t this be together with the trust agreement?

    Reply
  36. Dorothy Thompson says:
    June 6, 2020 at 6:13 pm

    I take it back it is with the agreement… but other places I’d looked for it there was just the paper trust, and no instruction as of where to find this deed.

    Reply
  37. Francis Caballero says:
    July 3, 2020 at 9:50 am

    Thanks Tony for the detailed explanation.

    Reply
  38. Levi White says:
    August 5, 2020 at 1:38 pm

    Thank you Mr. Pearl for clearing that up for us. That helped out a lot.

    Reply
  39. Viktoria Ilieva says:
    August 14, 2021 at 3:32 pm

    Yes this is the golden key

    Reply
  40. Rojo Vanderveen says:
    May 2, 2023 at 7:07 pm

    Thank you Tony for the specific breakdown, helped clear the “clouds!’

    Reply
  41. Robert Straker says:
    June 7, 2023 at 5:59 pm

    Hello,

    This deed of trust sure is well written. I’m concerned as to covering myself in all legal matters. This form will really help out so I don’t get into legal trouble. Thanks Ron!

    Bye for now,
    Robert

    Reply
    • Tony Pearl says:
      May 9, 2024 at 9:37 pm

      Hey Robert,

      Sorry to have to correct you, but a Warranty Deed to Trustee is NOT a ‘Deed of Trust.’

      A Deed of Trust is an instrument similar to a mortgage that is recognized in some states, whereas a mortgage is used in other states, such as NY.

      This Deed here conveys title/ownership of a property.
      Just wanted to clarify!

      -Tony

      Reply
  42. Rojo Vanderveen says:
    August 9, 2023 at 3:04 am

    Hi Tony, I would like to put my personal residence in a land Trust. I live in California. Do you know if the gold club has a sample copy of the deed called “Grant Deed to Trustee? “
    I have been searching quite awhile .

    Also Thank you for your concise explanation above!

    Reply
    • Tony Pearl says:
      May 9, 2024 at 9:25 pm

      Hey Rojo,

      Thanks for the kind words.
      Yes, I believe it’s just a matter of semantics.
      All you would really need to do in California is change the words FROM: “WARRANTY DEED TO TRUSTEE” TO: “GRANT DEED TO TRUSTEE”

      But just to cover my backside, I’d recommend you check with your investor-friendly attorney.

      Hope this helps,
      Tony

      Reply
  43. Jeff Clayton says:
    December 14, 2024 at 11:25 pm

    Great post by Tony Pearl. He writes Ron recommends having your LLC be the Trustee rather than an individual.

    I agree wholeheartedly.

    Also, don’t be a trustee for someone else’s land trust, unless you want to get sued.

    For real, I got sued as the trustee of a land trust a few years ago along with my friend who was the beneficiary.

    She, my friend, who I met at a REIA club, took this house subject to and leased it out, then got behind in the mortgage payments. Seller had no remedy, so he sued her and me. Seller’s lawyer found my name in the County deed records as trustee, so he included me in the lawsuit. NOT FUN! She managed the property and collected rent. A Trustee has no control and gets no money, except a measly trustee fee which was only $100 per year. Cost me $4,500 in legal fees to get dismissed from the suit.

    Reply

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