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.
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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Judicial or Nonjudicial Foreclosure After Judgment Against Guarantor--Deficiency.
The Deed of Trust acts as a lien on the property until the borrower has completed payment of their loan. At that point, the lender makes a request to the Public Trustee to release the Deed of Trust, which, when recorded, removes the lien against the property.
If no competent evidence of fair market value is introduced, the sale price at the foreclosure sale shall be used to compute the deficiency.
Note: Once the loan is paid as agreed, the Lender must file a Release of Lien to remove the lien from the property. It is the Lender's obligation to release the lien when the loan has been paid in full. The Release of Lien should be promptly filed with the County Clerk.
The person signing the Deed of Trust is called the Grantor. This is the person that owes the borrowed money. Also called the Borrower. This Grantor is the only person to sign the document.
Deed of Trust The trustee (someone other than the buyer and the lender) gets the deed and technically owns the property while the loan exists. The trustee cannot sell the property unless the borrower defaults on the loan. The trustee transfers the property to the buyer when the borrower repays the loan.
The trustee holds the property deed until the borrower pays off the loan debt in full. During the repayment period, the borrower holds the property title to home while the trustee holds the legal title or deed to the property.