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Need to put TS deeds into new "Living Trust"

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  • Need to put TS deeds into new "Living Trust"

    Hi!
    I am new again, we have not been on forum since we purchased TS from member here in 2003.
    We are trying to get two warranty deeds "re-written" to fund the trust we just set up for our estate planning. The attorney who drew up trust and our home deed, etc. here in Michigan, is reluctant to prepare the timeshare deeds for our weeks in Florida and Texas.
    We are now wondering what to do and how to get new deeds. We don't even know if we need a quit claim or a warranty deed.

    Has anyone had any experience with funding a new trust when you own a TS in another state?

    please help us, if you can.
    Cathy and Jim

  • #2
    When we had our trust drawn up when we lived in Ohio our attorney had no problem with our three timeshares we own in other states. He just got Quitclaim deeds for all in their respective states, with the Trust as owners. And when we had our trust updated here in Florida, our attorney here, found nothing wrong with the t/s in our trust.

    The only problem "I" ever had, is when we sold one week and I submitted the original deed and not the quit claim deed. Then I had to send them a copy of the new deed, plus papers showing we did, indeed, own the trust.

    Hope this helps.

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    • #3
      I did my own warranty deed once when I sold a week and didn't need escrow. I just copied everything precisely off the old deed and changed the names. We all signed it and had it registered at the courthouse.

      Sheila

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      • #4
        I typed my own quit claim deed to move our timeshare into our trust. I then mailed it to the county to register the deed, and sent a copy to the resort. There was a fee to register the deed. When we set up the trust, the lawyer did the deeds to register our homes and a vacant lot in the name of the trust, but we did not want to pay him to do the ones for our time share.

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        • #5
          Thanks for the information

          I appreciate your replies.

          Our concern is where to get a blank form with the State of Texas and one with the State of Florida printed on it, plus a spot for the notary to notarize the signatures in those respective states.

          I used to work for real estate closings and as a salesperson, and have always done our own deeds, but the out of state forms has me wondering.

          I think I will call the Register of Deeds in the county courthouses to see what they require. Perhaps I don't need such language.

          Cathy

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          • #6
            Originally posted by cmcbride View Post
            I appreciate your replies.

            Our concern is where to get a blank form with the State of Texas and one with the State of Florida printed on it, plus a spot for the notary to notarize the signatures in those respective states.

            I used to work for real estate closings and as a salesperson, and have always done our own deeds, but the out of state forms has me wondering.

            I think I will call the Register of Deeds in the county courthouses to see what they require. Perhaps I don't need such language.

            Cathy
            Cathy,

            You don't have to have the deed notarized in Texas or Florida if you live elsewhere. You will just need to have your local notary have the correct acknowledgement for your state. People buy TS in other states all of the time and have their deeds notarized by a notary where they live.
            Mike H
            Wyndham Fairshare Plus Owners, Be cool and join the Wyndham/FairfieldHOA forum!

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            • #7
              Thanks for the information

              Thanks everyone for all of the help!

              I called the County Clerk offices to learn of the recording requirements and I am going to prepare the two TS deeds myself.

              I will just change the Grantor to my husband and myself and the Grantee to my husband and myself, trustees of our trust.

              All else should be fine.

              Wish me luck.

              Thanks,

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