Grant deed as part of boundary adjustment

[wilderness]

What is the name of your state? California

I own two adjoining parcels of vacant land, call them A and B. As part of a boundary adjustment, I am giving a small piece of A to B and need to record a grant deed to finalize the adjustment process with the County. A deed of trust exists on A, which I will pay off before selling A in the future but not before concluding the adjustment. Must the grant deed note the encumbrance on A, even though I am giving the small piece of land to myself and, if so, is anything further action necessary once the encumbrance is lifted?

[seniorjudge]

You need to be asking your lender your questions.

You could possibly trigger a "due in full on sale" clause by your transfer.

Obviously, you need a survey and a title report before you take this stuff to a lawyer to prepare your deed.

[Samm1970]

The mortgage company may agree to release a piece of A depending on how this impacts loan to value.

[HomeGuru]

Originally Posted by wilderness

What is the name of your state? California

I own two adjoining parcels of vacant land, call them A and B. As part of a boundary adjustment, I am giving a small piece of A to B and need to record a grant deed to finalize the adjustment process with the County. A deed of trust exists on A, which I will pay off before selling A in the future but not before concluding the adjustment. Must the grant deed note the encumbrance on A, even though I am giving the small piece of land to myself and, if so, is anything further action necessary once the encumbrance is lifted?

**A: this is not a do-it-yourself type of project. It appears that there is one mortgage covering both parcels. If so, you must get the lender to redo the loan which could get complicated.

[wilderness]

Parcel A has a loan carried by the former owner. B is free and clear. We are sellling A with the buyer stipulating to the adjustment. The loan on A will be settled before it passes to the new owner. The gap will be a matter of a couple of weeks, hence my reason for asking if exceptions are necessary in the grant deed for the small piece of A that is being granted to B. The new legal descriptions were done by a licensed land surveyor.
Thanks.

[seniorjudge]

Originally Posted by wilderness

Parcel A has a loan carried by the former owner. B is free and clear. We are sellling A with the buyer stipulating to the adjustment. The loan on A will be settled before it passes to the new owner. The gap will be a matter of a couple of weeks, hence my reason for asking if exceptions are necessary in the grant deed for the small piece of A that is being granted to B.
Thanks.

You have further complicated things. To repeat, this is NOT a do-it-yourself deal. You need to get a real estate lawyer and a title company involved. If you don't, things could get screwed up real bad, real quick.

[HomeGuru]

I agree**************...A & B may not equal C.