Can the Grantor be the trustee and the beneficiary on a deed of trust?

Full question:

Can the Grantor be the trustee and the beneficiary on a deed of trust? We are doing a seller finance and an attorney is not drawing the documents.

  • Category: Real Property
  • Subcategory: Deeds
  • Date:
  • State: Texas

Answer:

The deed of trust is an agreement between three parties: the Grantor (owner), the Trustee (who has the power of sale) and the Beneficiary (lender).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, the grantor can be both the trustee and the beneficiary in a deed of trust. This arrangement is permissible as long as it complies with state laws and does not create any conflicts of interest.