New Revision to Title Standards Question

• Publication year: 2024
• Citation: Vol. 93 No. 2 Pg. 55
• Pages: 55

New Revision to Title Standards Question 93 J. Kan. Bar Assn 2, 55 (2024) Kansas Bar Journal April 2024

Title Standards

By the KBA Title Standards Committee

6.15 Deeds From Trustees

Problem: There is on record a deed or other instrument that vests title in a certain named trustee or named trustees of the John Doe Trust. Your client is purchasing or taking an interest in the real estate from the original trustee or trustees of this trust or any successor trustee or trustees. What should be your requirements?

Standard 6.15: If the client is a bona fide purchaser, the client acquires all of the rights in the real estate that the trustee and beneficiary of the trust had, and any rights of persons claiming by, through or under them, free and clear of any adverse claims of which the bona fide purchaser did not have notice. A bona fide purchaser is a purchaser for value in good faith and without notice any adverse claims who has relied upon a certification in accordance with K.S.A. 58(a)-1013 and delivered to the purchaser. The certification should be in substantially the following form:

Certification in re: (insert legal description)

1. The certification is in regard to the George Doe Revocable or (Irrevocable) Trust executed on ___, which is in full force and effect.

2. The Grantor (Settlor) of this trust is .

3. The currently acting Trustee/Trustees of this trust is/are ___ and the current address of the Trustee or Trustees is/are___.

4. The trust instrument grants to the Trustee/Trustees the power to sell, mortgage or otherwise alienate real estate owned by the trust.

5. The trust is a revocable trust and ___ has or they have the power to revoke the trust.

or, This trust is irrevocable.

6. The following Trustee or Co-Trustee, has/have the authority to sign the deed, mortgage or other documents concerning the above real estate. (If the trust instrument authorizes one Trustee to sign and bind all the Trustees, it should be so stated.)

7. The Grantee in the trust instrument is ___ as Trustee/Trustees of the George Doe Revocable Trust (or the Grantee is the George Doe Irrevocable Trust).

(a) ___ as Trustee is authorized to sign this certification.

(b) This trust has not been rendered, modified or amended in any manner that could cause any of the statements above to be incorrect.

(If the certification shows that the trust is an irrevocable trust, make no further requirements; accept a deed from a Trustee or...