[WSBAPT] Trust amendment

[Jennifer Johnson]

Some of the main reasons title officers ask to see trust agreements are 
1) to confirm vesting and ascertain that the trust agreement is the one 
under which title was acquired, 2) to determine whether the trustee's 
powers of sale/ disposition / encumbrance are limited in any way, and 3) 
to make certain that the trust is still in effect.

Underwriting guidelines usually state that a copy of a trust agreement 
should be submitted for examination and retention in the title file.

In cases wherein people do not want to submit their entire trust 
agreement, whether because it is really long or for privacy reasons, I 
have accepted a certificate, or reviewed a trust agreement with the 
trustee in person and copied relevant pages that have information equal 
to that which would be contained in a certificate.

If your title company isn't open to those suggestions, going up the 
chain to a title officer (if that's not who you've already been talking 
to), a manager or underwriting counsel might help.

Jennifer

Jennifer Johnson
Title Officer | Attorney
Wahkiakum Title & Escrow Co.
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3741
(360) 795-3001 (f)
www.wahtitle.com

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On 9/18/19 11:43 AM, Brent Williams-Ruth wrote:
> List -
> 
> A successor trustee (so named through a validly executed amendment by 
> original trustor prior to death) is attempting to sell property. Copy of 
> trust amendment naming successor has been provided. Title company wants 
> original trust document.
> 
> When asked for legal reason to provide this disclosure the response 
> provided was - that’s the way we do it.
> 
> Trustee wishes to keep terms of trust private. Best course of action - 
> get a new title company?
> 
> Not keen on a response of “because that’s how we do it”.
> 
> Appreciate thoughts.
> 
> *Brent Williams-Ruth*
> /Attorney-At-Law/
> 
> *Law Offices of Brent Williams-Ruth, a division of **BWR Consulting, PLLC*
> 
> Office/Scheduling Phone: (425) 830-5134 <tel:(425)%20830-5134>
> 
> Direct Mobile: (206) 889-7919 <tel:(206)%20889-7919>
> 
> e-mail <mailto:Brent at Williams-RuthLaw.com> / website 
> <http://www.williams-ruthlaw.com/> / facebook 
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> 
> *As of July 1, 2019 - I began operating as the Law Offices of Brent 
> Williams-Ruth a division of BWR Consulting, PLLC. Please note the new 
> points of contact Brent at Williams-RuthLaw.com 
> <mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com 
> <http://www.williams-ruthlaw.com/> *
> 
> 
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