Maryland Declaration of Substitution of Trustees

State:
Maryland
Control #:
MD-JB-017-09
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PDF
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A09 Declaration of Substitution of Trustees
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FAQ

A substitution of trustee is a legal document that provides public notice regarding a foreclosure. California is one of several states that allows for mortgage foreclosure through a private transaction called a trustee's sale.

A mortgage holder issues a deed of reconveyance to indicate that the borrower has been released from the mortgage debt. The deed transfers the property title from the lender, also called the beneficiary, to the borrower. This document is most commonly used when a mortgage has been paid in full.

Some states have laws governing who may or may not serve as a trustee in a deed of trust. Generally, the trustee must be an attorney, title insurance company, trust company, bank, savings and loan, credit union, or other company specifically authorized by law to serve as a trustee.

Substitute Trustee Person appointed by the current mortgagee or mortgage servicer to exercise the power of sale in lieu of the original trustee designated in the deed of trust. Simple Terms This is the person who conducts the sale at the foreclosure auction.

A substitution of trustee is a legal document that provides public notice regarding a foreclosure.A substitution of trustee under a trust deed is a legal document that allows the mortgage lender to change the person or business entity that will carry out the private trustee's foreclosure sale.

Under Maryland Real Property §7-105 and Maryland Rule 14-214(b)(2), corporate trustees may not exercise the power of sale. An individual (i.e., a natural person) appointed as trustee in a deed of trust or as a substitute trustee shall conduct the sale of property subject to a deed of trust.

The trustee will then issue a reconveyance deed, which gives the legal title of the property to you.Instead, the original trustee, or sometimes the loan servicing company, will appoint a new Substitute Trustee to handle the foreclosure. To do this, they must file an Appointment of Substitute Trustees.

A document known as a substitution of trustee and full reconveyance identifies the person who has the authority to reconvey the property and remove the lien.Once the document is registered, it establishes the borrower as the sole owner of the property, which is now free and clear of the previous mortgage.

A document known as a substitution of trustee and full reconveyance identifies the person who has the authority to reconvey the property and remove the lien.Once the document is registered, it establishes the borrower as the sole owner of the property, which is now free and clear of the previous mortgage.

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Maryland Declaration of Substitution of Trustees