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EXIT Independence Realty
445 Western Blvd, Suite I
Jacksonville, NC 28546
Phone: (910) 347-6886
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Testimonials

Ellen was a wonderful realtor to work with. Refreshing approach to selling homes. She believes the home will sell itself. No fluff no stuff. She is honest and straight forward. We appreciated this about her. She made herself available to us from the start and never let up all the way through closing. She was informative about the area since we were moving from out of state and this was a big help. Our daughter recommended her because she had been her buyer's agent. I appreciated how she had helped my daughter with the purchase of her 1st home. So Ellen thank you on two counts!. Happy Home Owner for Ellen Hough
Our experience with Ellen Hough as our realtor was wonderful. Moving can be a stressful time especially if you are moving from another state. Ellen was very helpful and very knowledgeable about this area. She went above and beyond our expectations. She was always there for us if we had any questions or concerns and made us feel like we were her only clients! Ellen Hough did a outstanding job and I would recommend you to use her as your Realtor. Noi L. for Ellen Hough
Ellen is without a doubt the BEST agent we've ever had the pleasure of doing business with. Not only did she take us around to numerous (14+) houses in the Jacksonville, NC area, she was extremely honest. Ellen was straight forward with her opinions of the places she was showing and we were so happy to have someone so open and helpful. She stuck with us through six weeks of a battle to buy a "short sale" and then put up no fight when we backed out of the short sale and moved on to the home we did eventually buy. I look forward to all of our future business with Ellen and her wonderful team at EXIT Independence Realty. She's not only our buying agent but her company is also our property manager for our rental property. She's amazing. You'll love her...happy home buying! Nikki L. for Ellen Hough
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Title Insurance Requirements for Insuring Trusts

In today’s world of busy probate courts and exorbitant death taxes, the living trust has become a common manner of holding title to real property. The following may help you understand a few of the requirements of the title insurance industry if title to property is conveyed to the trustee of a living trust.

What is a trust?

An agreement between a trustor and trustee for the trustee to hold title to and administer designated assets of the trustor for the use and benefit of one or more beneficiaries.

Can a trust itself acquire and convey interests in real property?

No. The trust is an arrangement between a trustee and the trustor. Only the trustee, on behalf of the trust, may own and convey any interest in real property. The trustee may only exercise the powers granted in the trust.

What will the title company require if a trustee holds the title to the property which is part of the trust?

A certification of trust containing the following information:

  1. Date of execution of the trust instrument,
  2. Identity of the trustor and trustee,
  3. Powers of the trustee,
  4. Identity of person with power to revoke trust, if any,
  5. Signature authority of the trustees,
  6. Manner in which title to the trust assets should be taken,
  7. Legal description of any interest in the property held by the trust, and
  8. A statement that the trust has not been revoked, modified, or amended in any manner which would cause the certification to be incorrect and that the certification is being signed by all currently acting trustees of the trust

My trust contains certain amounts of money to be given to various charities which is none of your business. Can I omit these pages?

Because many different provisions may be on the same page, the answer must be no -- but if the title company requires a copy of the trust, it may accept a copy with those amounts blacked out.

If there is more than one trustee, can just one sign?

Maybe. The trust must specifically provide for less than all to sign.

Can the trustee give someone a power-of-attorney?

Only if the trust specifically provides for the appointment of an attorney-in-fact.

What will the title company require if all the trustees have died or are unwilling to act?

If the trustor is not able to do so, or the trust provisions prohibit the trustor from appointing a new trustee, the court may do so.

How does a notary acknowledge the signature of the trustee?

Title is vested in the trustee. Hence, if the trustee is an individual or a corporation, then the new general form of acknowledgment will be prepared to reflect the intrinsic nature of the trustee.

How would the deed to the trustee ordinarily be worded to transfer title to the trustee?

“John Doe and Mary Doe, as trustees of the Doe family trust, under declaration of trust dated January 1,1992.”

Are there any limitations on what a trustee may do?

Yes, the trustee is limited principally and most importantly by the provisions of the trust and, thus, may only act within the terms of the trust. The probate code contains general powers which, unless limited by the trust agreement, are sufficient for title insurers to rely on for sale, conveyance, and refinance purposes.

Article by CLTA

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