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.
Processing a Release of Deed of Trust Execution: The lender or authorized agent signs the release, and it is notarized as required. Recording: The release is submitted to the county recorder's office for official recording, making it part of the public record.
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.
Once you have made all your payments and your arrangement has been completed, you will be discharged from the trust deed. At this stage, the debts included will be written off and the companies are no longer able to chase you for payments.
You can cancel your deed of trust by getting a deed of surrender in place. This is a legal document which can be used to waive a previous deed or contract between multiple parties. You can't cancel a deed of trust without the consent of all parties named within the deed.
The Code of Virginia contains several statutes of limitations dealing with the enforcement of a deed of trust. If a deed of trust contains a maturity date, it may be enforced for a period of ten years after the stated maturity date.
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.
Requirement for registration of Trust Deed with the Local Registrar under the Indian Trusts Act, 1882: Trust Deed on stamp paper of requisite value. One passport size photograph & copy of the proof of identity of the settlor. One passport size photograph & copy of the proof of identity of each of the two trustees.
A deed of trust can benefit the lender because it allows for a faster and simpler way to foreclose on a home — typically months or even years faster.