California Deed of Trust - Release

State:
Multi-State
Control #:
US-00489
Format:
Word; 
Rich Text
Instant download

Description

This form authorizes the chancery clerk or the recorder of deeds to release from the deed of trust or mortgage certain property described in the document.
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FAQ

Revocable Living Trust: Real estate in California can be held by a revocable living trust. Title to the California real estate is held by the Trustee or Trustees of the trust who retains complete control over the trust and has complete power of direction over the real property.

(A) The trustee shall execute the full reconveyance and shall record or cause it to be recorded in the office of the county recorder in which the deed of trust is recorded within 21 calendar days after receipt by the trustee of the original note, deed of trust, request for a full reconveyance, the fee that may be ...

California Civil Code §882.020 provides that a DOT has a statute of limitations of 60 years following the DOT's recording if the DOT neither includes a copy of an underlying promissory note nor indicates the date the obligation matured. Otherwise, the statute of limitations is 10 years from the maturity date.

When a deed of trust/mortgage is paid in full, you can record a Full Reconveyance from the trustee stating publicly that the loan has been paid. The Full Reconveyance Form is completed and signed by the trustee, whose signature must be notarized.

Practically, lenders and servicers may want to consider including in payoff demand statements an additional $150 in recording fees for a Substitution of Trustee and Full Reconveyance ($75.00 for each document ?title?), necessary for the release of the loan.

If you live in a deed-of-trust state, you can sometimes file a full reconveyance form, signed by the trustee and notarized, to publicly state that you have completed the repayment of your home loan debt.

Property ownership information can be requested from the County Registrar-Recorder/County Clerk. For more information, please visit their website to Request a Real Estate Record.

A trust deed gives the third-party ?trustee? (usually a title company or real estate broker) legal ownership of the property.

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California Deed of Trust - Release