Illinois lant trust question...Bronchick? - Posted by Tim Jensen

Posted by Tim Jensen on January 12, 2001 at 07:53:01:

Jim,

It’s not that I don’t believe them. I just like to get a second opinion.

Tim

Illinois lant trust question…Bronchick? - Posted by Tim Jensen

Posted by Tim Jensen on January 11, 2001 at 22:27:36:

Hi all,

I was just wondering if someone could help me clear something up.

I spoke with the underwriter at my local title company and asked her if I needed to put the trustees mane on the deed. She informed me that if was not necc. She told me that in order for trsut to deed out, the title company would just need a copy of the trust. I’m in Illinois and was wondering if that was true?

In other words can I just put the trusts name on the deed instead of the trustees name?

thanks

Tim

Re: I serioulsy doubt that… - Posted by Bill Gatten

Posted by Bill Gatten on January 14, 2001 at 16:48:20:

I would seriously doubt that statement, as it is the trustee in whom the property is vested in a land trust, not the trust itself (e.g., Bob Smith, as trustee FOR the Ajax Trust; PAC Holdings, as trustee for the Bob Smith Trust; Chicago Title Insurance Corporation, as Trustee for the Jack Nicholsen Trust, No. 1234, etc.).

I think it is prudent for you to question this advice, as it may in fact be very diffucult to deed out of the trust later on if the title holder is not shown on the deed. 'Sure sounds like a title defect waiting to happen to me.

I’m not an attorney and this probably doesn’t mean beans, but for whatever its worth…

See for example, Wanderer vs. Plainfield Carton Corp. 40 Ill.App.3d 552, 351 N.E…2d 630 (1976) or Nat. Super Markets vs. First Nat. Bank, 72 Ill.App.3d 221, 390 N.E.2d 602, 28 Ill.Dec.435 (1979). Also take a look at the Illinois Trust and Trustee Act (Rev. tat. c 17), assuming it hasn’t been revised since 1990 (my last reference to it).

Bill Gatten

Re: Illinois lant trust question…Bronchick? - Posted by William Bronchick

Posted by William Bronchick on January 12, 2001 at 14:16:35:

Doesn’t matter whether it is true or false. If the title company is willing to insure the transfer, that is all that matters.

Re: Illinois lant trust question…Bronchick? - Posted by Houserookie

Posted by Houserookie on January 12, 2001 at 06:37:18:

Tim,

Have you called the tax/recorders office. If this is
in fact true, I would definately start recording
EVERYTHING under the trust name.

Talk about privacy!!!

Re: Illinois lant trust question…Bronchick? - Posted by JPiper

Posted by JPiper on January 12, 2001 at 06:12:26:

Tim:

Here we are required to have the trustee on the deed. But as I understand it some states don’t require that. Is there some reason why you wouldn’t believe your title company?

JPiper