This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.
Missouri Deed Of Trust Form With Signature Required In Illinois
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Multi-State
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US-00186
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FAQ
Capp (1893) 99 Cal. 153, 157.) Next, the Statute of Frauds requires that the document be signed by the party whom the document is being enforced against. Therefore, a deed of trust needs to be signed by the trustor.
The mortgagee is not a party to a deed of trust transaction. The key parties involved in a deed of trust are the beneficiary, trustor, and trustee. The beneficiary is the lender who receives the benefit of the security interest in the property from the trustor, who is the borrower.
Illinois allows the use of both a deed of trust and a mortgage. Illinois is a lien-theory state.
A deed of trust is the most common method of securing a lien on real estate in Missouri. Mortgages are rarely used. Deeds of trust commonly include a power of sale provision, which is a faster foreclosure mechanism (see Question 14).
The first common requirement is that the deed must be in writing and signed by the grantor(s). 765 ILCS 5/1. Generally, deeds conveying a homestead estate must also be signed by the grantor's spouse, except where one spouse conveys to the other. A few other exceptions to this rule are set forth at 735 ILCS 5/12-904.
The assignment is typically from the originating lender, who purports to grant, assign, and transfer all beneficial interest in the deed of trust to the designated assignee.
1) Competent grantor. 2) Execution by the grantor(s) 3) Identifiable grantee. 4) Delivery to and acceptance by the grantee(s) 5) Legal description of the land (property description) 6) Consideration. 7) Words of conveyance (granting clause)
In Illinois, the minimum requirements for a valid deed include a Notary public signature and two witnesses.