Filling out/notarizing a Declaration of Trust after taking deed into trust

General Real Estate Investing
1

Hey guys,

I just got my first deed to a house about a week ago and filled out the Warranty placing it into a land trust…notarized it…etc. I planned to do the Declaration of Trust the same day but somehow it slipped though the cracks. Question: If I do the Declaration of Trust now (signed, notarized, etc) and the Deed is dated from a week ago (technically before the trust even existed), could this present any problems for me later on? I know the Declaration never gets recorded but is there any situation in which I’d have to present this document and the inconsistency would cause a problem?

Thanks
Kes

2

Technically, your deed is invalid since the trust did not exist at the time of transfer. I am surprised that the notary did not ask to see the trust document before notarizing the deed.

Best to consult your attorney so see how you can remedy this situation.