Vesting Information

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When investing in Trust Deeds, your vesting is on every promissory note, recorded Deed of Trust, or assignment.  The following are examples of different ways you can take title.


A Single Man/Woman
A man or woman who has not been legally married.

An Unmarried Man/Woman
A man or woman who was previously married and is now legally divorced.

A Married Man/Woman as His/Her Sole and Separate Property
A married person who wishes to acquire title in his own name.


Joint Tenancy
For property owned by two or more persons, who may or may not be married, in equal
interest, subject to the right of survivorship. When a joint tenant dies, title to the property
is automatically conveyed by operation of law to the surviving joint tenant. Therefore,
joint tenancy property is not subject to disposition of will.

Community Property
Owned by husband and wife which they intend to own together & which is distinguished
from separate property acquired before marriage. In California, real property conveyed
to a married man or woman is presumed to be community property. Since all such
property is owned equally, husband and wife must sign all agreements and documents
transferring the property or using it as security on a loan. Each spouse has the right to
dispose of one half of the community property, by will.

Community Property with Right of Survivorship
Owned by husband and wife and shares many of the characteristics of Community
Property but adds the benefit of right of survivorship similar to title held in Joint Tenancy.
There may be tax benefits for holding title in this manner. On the death of a spouse, the
decedent’s interest ends and the survivor spouse owns the property by survivorship and
owns the property in severalty.

Tenants in Common
Vesting title owned by two or more individuals in undivided fractional interests. These
fractional interests may be unequal in quantity or duration and may arise at different
times. Each tenant in common owns a share of the property, is entitled to a comparable
portion of the income from the property and must bear an equivalent share of expenses.
Each co-tenant may sell, lease or will to his/her heir that share of the property.


A corporation is a legal entity, created under state law, consisting of one or more
shareholders but regarded under law as having an existence and personality separate
from such shareholders.

A Partnership is an association of two or more persons who can carry on business for
profit as co-owners, as governed by the Uniform Partnership Act. A Partnership may hold
title to real property in the name of the partnership.

Trustees of a Trust
A Trust is an arrangement whereby legal title to property is transferred by the grantor to a
person called a trustee, to be held and managed by that person form the benefit of the
people specified in the trust agreement, called the beneficiaries.

Limited Liability Corporation (LLC)
This form of ownership is a legal entity and is similar to both the corporation and the