If a house is in a trust is the trust considered the legal owner? 6 Answers as of September 22, 2012

If a homeowner is issued a check based on county-recorded owner documents such as John Smith "Trust", then by law isn't the trust the owner of the home and the "trust" cannot be removed from the check?

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Irsfeld, Irsfeld & Younger LLP | Norman H. Green
The legal owner is the Trustee of the Trust (in his, her or its capacity as trustee). The Trustee should deposit the check. Therefore, if John Smith is the trustee, he can endorse it "John Smith Trust, John Smith Trustee" and deposit it.
Answer Applies to: California
Replied: 9/22/2012
Law Offices of Frances Headley | Frances Headley
Yes, the trust is the legal owner of the property and any payments on the property should be made out to the trustee of the trust.
Answer Applies to: California
Replied: 9/22/2012
Richard E. Damon, PC | Richard E. Damon
Yes, the trust is the legal owner. You can endorse the check as "Joe Blow, Trustee of the Joe Blow Trust."
Answer Applies to: California
Replied: 9/22/2012
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The trust is the legal owner of the residence and the trustee must deposit any and all funds received as sale proceeds into the trust checking account and follow the terms/provisions of the trust regarding the disbursement of said monies.
Answer Applies to: California
Replied: 9/22/2012
Danville Law Group | Scott Jordan
Yes, if title to the house has been transferred into the name of the trust, the trust is the legal owner of the house.
Answer Applies to: California
Replied: 9/22/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    The trust itself is not a legal entity that can title into its name. It is always the case that the trustee of the trust takes title to the assets in the trust. Therefore, any check issued should recite, XXX Trustee of the XXX Trust under a trust dated XX,X,XXXX. It seems that the county-recorded document was not done correctly... or the check was issued incorrectly. The bank with the trust account may still be willing to accept the endorsement from the Trustee of the trust and deposit that check into the trust bank account. The payee shown on the check cannot be altered by the payee. You, after receiving the check, cannot simply alter to whom the check is payable by crossing off or by changing the name. Only the payor can change the name on the check. The check would have to be reissued and the payee of the check named correctly.
    Answer Applies to: California
    Replied: 9/22/2012
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