[WSBAPT] Trust amendment

[John McCrady]

Well said.  I would add that in those cases where john Doe and Jane Doe husband and wife conveyed to John Doe and Jane Doe has Trustees of the John Doe and Jane Doe living trust, and John Doe and Jane Doe are still alive and will  act as trustees then I am pretty flexible as to how much of the trust I am provided.

On Sep 18, 2019 12:24 PM, Jennifer Johnson <jmhanigan at cni.net> wrote:
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<http://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*
>
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>
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> Williams-Ruth a division of BWR Consulting, PLLC. Please note the new
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