Thank you Huarachekid I thought that was how it worked. So, if the Deed of Trust was signed and notarized

Question

before the Grant Deed conveying the actual title that the Deed of Trust and Note encumbers then what happens? ( the documents were recorded in order, but signed by the buyers out of order w/ DT being signed a few days before the GD)

It seems logical that you can not bind a piece of property to a loan that you do not own as of the date of the loan doc's being signed. Do you or anyone else have a real estate code or civil code for reference?

So, the Grant Deed needs to be signed before the loans documents, note and Deed of Trust and then also recorded the exact same way.

Answer 1

No, The order that they are signed is irrelevant. It is the order they are recorded with the County's Recorders Office. The Note and Deed of Trust come from the Lender. The Warranty Deed or Grant Deed come from the Title Company. The Deed of Trust is signed by the Buyers. The Warranty Deed is signed by the Sellers and Buyers. None of it is binding until the loan is funded and the documents are recorded. You do not own the property on the date you sign the documents. Not until they are Recorded

Answer 2

I said it's NORMALLY done that way.  When you purchase property, you sign the deed of trust at closing and usually, the attorney has a copy of the deed there so you can see it and its usually signed.   I should have emphasized that it is the recording of the documents that is most important.  The deed is recorded first showing you own the property and then the deed of trust is recorded showing you have a lien against the property.  Sorry for the confusion.