Deed Of Trust Records With No Maturity Date In San Jose

State:
Multi-State
City:
San Jose
Control #:
US-00183
Format:
Word; 
Rich Text
Instant download

Description

The Deed of Trust records with no maturity date in San Jose is a legal agreement that modifies an existing mortgage or deed of trust. This document facilitates the renewal and extension of a lien on the property, ensuring that the secured debt remains valid until fully paid, regardless of a specific maturity date. Key features include a clear acknowledgment of the borrower's obligations, terms for interest and payment, and provisions for late fees and defaults. The form requires careful completion, especially regarding borrower and lender details, as well as property descriptions. It is essential to include clear payment terms in this modification agreement. This form is particularly useful for legal professionals, including attorneys, paralegals, and legal assistants, who assist clients in managing real estate financing. They can help ensure compliance with state laws and provide guidance on the implications of modifying trust deeds. The document serves as a critical tool for homeowners and lenders in re-establishing the terms of a mortgage agreement when a traditional maturity date is not specified.
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  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust

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FAQ

At the end of the trust deed, your trustee will decide if you can be discharged from the trust deed. To be discharged you must have met all the agreed conditions, such as making payments on time.

There are two main reasons a deed of trust may be considered invalid: (1) lack of required formalities in executing the deed of trust, or (2) there is some fact outside execution that makes the deed of trust invalid.

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.

A trust deed remains on your credit file for six years, a timescale that exceeds the term of most trust deeds which are generally completed in three or four years.

A trust deed expires and is extinguished from the record: 10 years after the entire debt becomes due; or. 60 years after the trust deed is recorded if the due date cannot be ascertained by records of the transaction.

Record the Signed Documents at the County Recorder's Office Take the original signed and notarized Deed of Trust and Promissory Note to the County Recorder's Office for the county where the property is located. In Sacramento, this is at 3636 American River Drive, Ste. 110, Sacramento CA 95864.

Under the Marketable Title Act, “the duration of a debt secured by a deed of trust is limited to 10 years after the final maturity date of the debt, if that date can be ascertained from the recorded evidence of indebtedness (i.e., the mortgage or deed of trust), or, if no maturity date is evident, to 60 years after the ...

While that's a reasonable question, the fact is, trust documents generally avoid the court completely. As such, they are not matters of public record. This means that you likely will not be able to secure a copy of the trust from the Office of the County Clerk or the courthouse in the same way you would a will.

You'll find most California property deeds at the County Clerk's office, also called the Registrar/Recorder office. Some of them provide online searches. Others require visiting their offices. For example, the San Diego County Clerk's Office provides online searches.

The short answer is that a living trust is a private document and does not need to be recorded in California. The only time a trust is in a public record is when it contains real estate. In this case, the County Recorder's office lists the trust's name as the property's title holder.

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Deed Of Trust Records With No Maturity Date In San Jose