Deed Of Trust With Future Advance Clause In Santa Clara
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FAQ
Power of Sale Clause A power of sale provision is a significant element of a deed of trust, as it states the conditions when a trustee can sell the property on behalf of the beneficiary. Typically, this predicts when you will be delinquent on your mortgage.
When the debt or obligation secured by a deed of trust has been satisfied, the beneficiary, or successor, must execute a request for full reconveyance and any other documents necessary to cause the deed of trust to be reconveyed and submit these documents to the trustee.
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.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
Court Decision: If a court decides to reconvey property, it means the court has found sufficient legal grounds to return ownership of the property. This might occur in cases like foreclosure, where the original owner has redeemed their property, or in disputes where ownership rights are clarified.
In California, a deed of trust must come with security, typically a promissory note. To be valid, a deed of trust must be (1) in writing, (2) with a description of the property, and (3) signed by the trustor of the deed of trust.
Reconveyance means the return of title to the original owner.
