Hawaii Authority to Release of Deed of Trust

State:
Multi-State
Control #:
US-00186
Format:
Word; 
Rich Text
Instant download

Description

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.

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How to fill out Authority To Release Of Deed Of Trust?

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FAQ

Yes. The Hawaii Uniform Real Property Transfer on Death Act allows a single TOD deed to be signed by joint owners. The law sees a property owner who owns property with another owner with right of survivorship as a joint owner.

The deed or assignment of lease must be signed (in black ink) by the current owner and the new owner before a notary public. The deed or assignment of lease must be recorded in the State of Hawaii Bureau of Conveyances or Land Court. A Conveyance Tax Certificate must be filed and any tax due must be paid.

Hawaii is a lien theory state and uses mortgages instead of deeds of trust. The question regarding the trustee on the deed of trust, therefore, is not applicable.

The deed or assignment of lease must be signed (in black ink) by the current owner and the new owner before a notary public. The deed or assignment of lease must be recorded in the State of Hawaii Bureau of Conveyances or Land Court. A Conveyance Tax Certificate must be filed and any tax due must be paid.

A basic trustee's deed conveys title in fee simple to the grantee in exchange for consideration (something of value, usually money). It must meet the same requirements for form and content as other conveyances affecting real property, and it contains additional information about the trust.

A "Revocation of a Beneficiary Deed" is a document that revokes and cancels a beneficiary deed that is filed. This will void any distributions that are made on the beneficiary deed. A property owner may revoke the beneficiary deed anytime before his/her death.

Revoking the deed. You have two options: (1) sign and record a revocation or (2) record another TOD deed, leaving the property to someone else. You cannot use your will to revoke or override a TOD deed.

An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. § -6 Transfer on death deed revocable. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.

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Hawaii Authority to Release of Deed of Trust