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.
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.
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.
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. Statutes: § 55.1-316 to § 55.1-345.
Where to Get a Deed of Trust? To get a Deed of Trust, you must file the proper paperwork with the proper court as generally outlined above. These documents must be filed with the county clerk or recorder, and the lender typically sends them to the recording office after the property closing.
This Deed of Trust (the “Trust Deed”) sets out the terms and conditions upon which: Settlor Name (the “Settlor”), of Settlor Address, settles that property set out in Schedule A (the “Property”) upon Trustee Name (the “Trustee”), being a Company duly registered under the laws of state with registered number ...