1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.
In California, lenders can foreclose on deeds of trust or mortgages using a nonjudicial foreclosure process (outside of court) or a judicial foreclosure process (through the courts). The nonjudicial foreclosure process is used most commonly in our state.
Steps for Deed Recording in NYC It must be signed by the seller and acknowledged by a notary public. Submit the Deed for Recording: Take the original deed to the NYC Register's Office. You can find the office at 66 John Street, 13th floor, New York, NY 10038.
Erecording, or electronic document recording, is the process of transmitting real property documents electronically to the local government entity charged with recording and maintaining public records.
Deeds must be carefully drafted, delivered and recorded. The legal description of the property must be absolutely correct. Deficiencies in a deed can lead to a real estate dispute or even real estate litigation. Working with an experienced real estate attorney can help ensure the transaction is completed properly.
You would have to record a new deed adding or removing the person(s) name. Because it is a legal document with legal consequences, we HIGHLY advise you work with an attorney to do so.
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.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.