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Kathy Clifton - REALTOR®
Bald Head Realty
33 Pine Lane
Franklin, NC 28734
Direct: (828) 226-1074
or (828) 369-0000
fax (828) 369-0009
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Kathy Clifton did an outstanding job marketing our home in Watauga Vista.  She was professional and very knowledgeable about what we needed to do to sell it.  We followed her directions and the results turned out perfectly.  
 
Without a doubt, we would certainly give her any property we have to sell.  I encourage anyone who may be ready to sell to contact Kathy.  You will be very pleased, I promise you that.
 
 
 
Van and Patsy Capps
When we decided it was time to sell our Franklin, NC, vacation home, we contacted Kathy Clifton because of the recommendation of good friends who had used her as their realtor. We were very pleased!  Kathy was friendly, knowledgeable, helpful and always willing to answer questions. She worked diligently to get us a good offer (3, in fact) and was tireless in her efforts to get ‘the deal’ to close quickly. (The listing, sale, and closing all took place within a month’s time!). We gladly recommend Kathy Clifton to anyone searching for a dedicated realtor.
 
Ann and Jim Smith
Wow, our property was on the market for two days, we had five offers, and it was sold the second day. Kathy and her team made this happen. Everyone was very professional, friendly, and knowledgeable throughout the listing selling, and closing process. If we had more property to sell, we would want Kathy as our realtor again.  We had a wonderful experience.  Tim and Lydia
Just recently Kathy sold our property on Frazier Road.  We were very pleased with her honesty and hard work  in selling this property. We  will have Kathy sell our home as soon as we are ready. She is very trustful and we realize how hard she worked for us.
 
 
Ken and Kay Danzig
Kathy impressed us from the very start of our journey to sell our house. Having done her homework on our place, she showed up on day one with a definite plan for the marketing and sale of our home. She listened to our goals and concerns, gave her professional opinion, and together we moved forward. She was accessible to us at all times, and gave ready feedback to questions. She got us a great price and enabled us to move forward to the next phase of our lives. Thanks, Kathy! Rixey Wilcher
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Kathy Clifton is your local Real Estate Expert in Otto, Franklin, and Macon County North Carolina. Put my knowledge and years of experience to work for you – all my Real Estate Consultations are Free, and come with No Obligation. (828) 226-1074

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Title Insurance Requirements for Insuring Trusts

In today’s world of busy probate courts and exorbitant death taxes, the living trust has become a common manner of holding title to real property. The following may help you understand a few of the requirements of the title insurance industry if title to property is conveyed to the trustee of a living trust.

What is a trust?

An agreement between a trustor and trustee for the trustee to hold title to and administer designated assets of the trustor for the use and benefit of one or more beneficiaries.

Can a trust itself acquire and convey interests in real property?

No. The trust is an arrangement between a trustee and the trustor. Only the trustee, on behalf of the trust, may own and convey any interest in real property. The trustee may only exercise the powers granted in the trust.

What will the title company require if a trustee holds the title to the property which is part of the trust?

A certification of trust containing the following information:

  1. Date of execution of the trust instrument,
  2. Identity of the trustor and trustee,
  3. Powers of the trustee,
  4. Identity of person with power to revoke trust, if any,
  5. Signature authority of the trustees,
  6. Manner in which title to the trust assets should be taken,
  7. Legal description of any interest in the property held by the trust, and
  8. A statement that the trust has not been revoked, modified, or amended in any manner which would cause the certification to be incorrect and that the certification is being signed by all currently acting trustees of the trust

My trust contains certain amounts of money to be given to various charities which is none of your business. Can I omit these pages?

Because many different provisions may be on the same page, the answer must be no -- but if the title company requires a copy of the trust, it may accept a copy with those amounts blacked out.

If there is more than one trustee, can just one sign?

Maybe. The trust must specifically provide for less than all to sign.

Can the trustee give someone a power-of-attorney?

Only if the trust specifically provides for the appointment of an attorney-in-fact.

What will the title company require if all the trustees have died or are unwilling to act?

If the trustor is not able to do so, or the trust provisions prohibit the trustor from appointing a new trustee, the court may do so.

How does a notary acknowledge the signature of the trustee?

Title is vested in the trustee. Hence, if the trustee is an individual or a corporation, then the new general form of acknowledgment will be prepared to reflect the intrinsic nature of the trustee.

How would the deed to the trustee ordinarily be worded to transfer title to the trustee?

“John Doe and Mary Doe, as trustees of the Doe family trust, under declaration of trust dated January 1,1992.”

Are there any limitations on what a trustee may do?

Yes, the trustee is limited principally and most importantly by the provisions of the trust and, thus, may only act within the terms of the trust. The probate code contains general powers which, unless limited by the trust agreement, are sufficient for title insurers to rely on for sale, conveyance, and refinance purposes.

Article by CLTA

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