Deed Of Trust With Lien In Fairfax
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FAQ
A deed of trust creates a lien on the purchased property when it is executed and delivered by the trustor/borrower to the beneficiary (usually the lender). Once executed and delivered, the deed of trust takes priority as a security against the property in relation to any other liens previously recorded.
Deeds recorded in Fairfax County are available through the Land Records Division of the County Circuit Court. They are located in Suite 317 of the Fairfax County Courthouse (4110 Chain Bridge Rd). For more information, call 703-691-7320, or visit their website.
Under a deed of trust, the grantor agrees to the trustee's power of sale; that is, the right to a “non-judicial foreclosure” if they default on payments. This type of foreclosure process exempts the beneficiary from requiring the court's approval to sell the property.
The biggest difference between a deed and a title is physical: a deed is an official written document declaring a person's legal ownership of a property, while a title refers to the intangible concept of ownership rights.
All deeds must be prepared by the owner of the property or by an attorney licensed to practice in Virginia.
Legal Requirements for Deeds It should be an original or a first-generation printout as per Va. It should be written in printed ink or typed in ribbon copy, complying with general recording. All individual names need to be underlined or written in capital letters when they first appear in.
How do I record a homestead deed? Virginia law allows for the filing of a homestead deed within your local county Land Records office. In Fairfax County and the City of Fairfax, homestead deeds are recorded in the Land Records Division of the Fairfax Circuit Court.
If you know the instrument number or deed book and page number, you may request a copy of your deed either by mail or over the telephone by calling 703-691-7320, option 3 and then option 3 again. Send your written request to: Fairfax Circuit Court 4110 Chain Bridge Road, Suite 317 Fairfax, VA 22030.
