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Trust and POA Review



We also provide reviews by our experienced attorneys and staff for Trust Agreements and Power of Attorney’s. This review can be done in addition to the documents we are preparing, or as a separate service even if we are not preparing the final documents

Trust Review

An Inter Vivos Trust (sometimes called a “Living Trust”) is established during the life of the creator (grantor/settlor) and is an arrangement through which trustees take title to property for the purpose of protecting or conserving it for the beneficiaries. In most cases, the grantor will be the same person as the trustee and/or the beneficiary.

When considering a loan secured by property that is titled in the name of an Inter Vivos Trust, it is important to have the trust agreement reviewed to determine whether the trustee(s) has the proper authority to enter into the transaction and to determine that the loan is for a proper trust purpose. If the loan is going to be sold in the secondary market this is especially important as certain eligibility criteria be met. For this reason, we review trust agreements in accordance with FNMA guidelines, many investors follow these same guidelines as well.

We provide efficient and reliable trust reviews in a timely manner.

Power of Attorney Review

A Statutory Durable Power of Attorney (POA) may be used by a principal to grant an attorney-in-fact, or an agent, powers with respect to a person’s property and financial matters. A POA may be broad and sweeping or limited in scope, depending on the principal’s needs. They are commonly used in real estate transactions and are helpful when the principal is traveling, in the military or unable to for health reasons, just to give a few examples.

It is important to review POA’s because it can affect an entire real estate transaction. Today, it is especially important as many investors have adopted more stringent requirements with regard to loans using a POA.

In response, we have implemented a strict procedure when reviewing POA’s which enables us to provide a thorough review in a timely manner.

How to get started:

Order today or contact us for more information.

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