[WSBAPT] Assignment of Mortgage to Trust

[Cindy Wysocki]

Hello -

I have a client who has a promissory note and a deed of trust (client sold her house and is using a third-party servicer to manage a mortgage due from buyer to her).  Client has a revocable living trust and executed an Assignment to Living Trust of Promissory Note and Deed of Trust.  I am trying to figure out what additional steps need to be taken now, if any.

Does the borrower need to be informed of the assignment?
Does the mortgage servicer need to be informed of the assignment?
Does the assignment need to be recorded with the county?
Does the promissory note itself need to be signed over to the trustee via allonge or with a signature on the original promissory note?



Thanks,

Cindy





[cid:55b087c4-8971-4bdf-bea2-c74c7a29ec11]

Cindy Wysocki, Attorney

Principal at Wysocki Law, PLLC



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Today's Topics:

   1. Lost Trust document - how to proceed (Timothy Lehr)


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Message: 1
Date: Thu, 27 Aug 2026 21:56:39 +0000
From: Timothy Lehr <timothy at stileslaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lost Trust document - how to proceed
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All,

I have a PC who is the trustee of Trust for his mother-in-law. Mother in law passed away and had two daughters. Both daughters have passed and left no children.

The only trust asset is a property titled in the name of the Trust. PC would like to sell the property but has no idea how to distribute the funds. He believes the beneficiaries were charities, but can't remember who. There's also the obvious issue with him having authority to sell the property without a copy of the Trust to show his authority to a title company.

Any thoughts on how to proceed administering a Trust without any copy of the Trust or knowing who the beneficiaries are? Maybe a TEDRA, but what would be the claim?

Note - he said he had a copy of the trust at one point and the county website names him as Trustee on their title, which is how he knows he's the current trustee.

Thanks,
Tim

Timothy C. Lehr
Attorney & Partner

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