Washington Authority to Release of Deed of Trust

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Multi-State
Control #:
US-00186
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Word; 
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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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FAQ

RCW 61.24. 127: Failure to bring civil action to enjoin foreclosure?Not a waiver of claims.

Through a deed of release of mortgage, also called a release of deed of trust, the lender agrees to remove the deed of trust, which is the document containing all of the mortgage's terms and conditions that is filed at the beginning of the mortgage process.

That all deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, shall be void as against the existing or subsequent creditors of such person.

(1) The trustee of record shall reconvey all or any part of the property encumbered by the deed of trust to the person entitled thereto on written request of the beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the beneficiary or the person entitled thereto.

The trustee holds the legal title until the borrower pays the debt in full, at which point the title to the property transfers to the borrower. If the borrower defaults on the loan, the trustee takes full control of the property.

Removal of the deed of trust is usually done by a reconveyance of the property affected by the deed of trust. In the typical case, when the money has been paid in full or the obligation has been fully performed, the beneficiary of the deed of trust makes a written request to the trustee to reconvey the property.

Promissory notes and deeds of trust are subject to Washington's six-year statute of limitations.

Sections. 61.24. 173 Required payment for each property subject to notice of trustee's sale-Residential real property-Exceptions-Deposit into foreclosure fairness account.

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Washington Authority to Release of Deed of Trust