In consideration of a debt owed to the trustee, debtor conveys and warrants to trustee a certain piece of property described in the deed of trust.
North Carolina Deed of Trust - Multistate
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Multi-State
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US-00486
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Before a deed or deed of trust prepared in North Carolina may be recorded it must reflect the name of the draftsman on the first page. In addition to the ?Prepared by? or ?Drawn by,? the first page should also contain a ?Return to? name and address. The excise or revenue must also be reflected on the front of a deed.
If you borrow from a commercial lender, it is most likely that the lender will determine the trustee, which is typically a title company, professional escrow company, or other company in the business of serving as a real estate trustee. Sometimes a real estate broker or an attorney serves in this role.
Essentially, the deed of trust is an agreement between three parties: the grantor, the beneficiary, and the trustee. The grantor, or the borrower, grants an interest in their property to the beneficiary, the lender, and the trustee. Deed of Trust - Signing at Closing - Hutchens Law Firm hutchenslawfirm.com ? blog ? real-estate ? unders... hutchenslawfirm.com ? blog ? real-estate ? unders...
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ... Deed of trust (real estate) - Wikipedia wikipedia.org ? wiki ? Deed_of_trust_(real_est... wikipedia.org ? wiki ? Deed_of_trust_(real_est...
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.
A North Carolina deed of trust is a real estate transfer instrument between a lender, borrower, and a trustee whereby a property title is transferred as collateral for a loan to purchase real estate. The title is maintained by the trustee until the borrower (property owner) returns the entire loan amount to the lender.
While with a mortgage the borrower holds the title to the property, with a deed of trust title is held by the third party trustee until the loan is paid off or the trustor defaults. In North Carolina, this third party is typically a title company. Deed of Trust in North Carolina cstarlinglaw.com ? deed-of-trust-in-north-carolina cstarlinglaw.com ? deed-of-trust-in-north-carolina
N.C. General Statutes Section 45-37(b) creates a presumption that the secured debt has been paid, and the lien of the deed of trust securing the debt expires 15 years after the maturity date of the debt as stated in the security instrument (or, as in this case, 15 years after the date of the note if the note is payable ... Presumption of Note Expiration Limited | Williams Mullen williamsmullen.com ? news ? presumption-n... williamsmullen.com ? news ? presumption-n...