Round Rock Texas Substitute Trustee's Deed
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How to fill out Texas Substitute Trustee's Deed?
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FAQ
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. Most importantly, a deed of full reconveyance, known as a satisfaction of mortgage in some states, transfers title back to the borrower.
The trustee is the legal owner of such trust property, whereas the beneficiaries have beneficial interest in the trust property.
In a nutshell, the Substitution of Trustee and Deed of Reconveyance is a legal document that evidences security interest is being release by a lender. In most cases, the document shows that a loan has been paid off. Property owners may even receive this document if they have refinanced a loan.
A deed of trust has a borrower, lender and a ?trustee.? The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower. In most cases, the trustee is an escrow If you don't repay your loan, the escrow company's attorney must begin the foreclosure process.
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.
A substitution of trustee simply names a new person to take over that position, as well as a secondary trustee if necessary. A substitution of trustee and full reconveyance serves two purposes: It enables a lender (such as a mortgage company) to appoint a new trustee. It allows the new trustee to release the lien.
The Trustee, usually chosen by the lender, is the person who represents both the Grantor and the Grantee (Beneficiary) if there is a default under a Deed of Trust. When no specific trustee is required by the lender, someone willing and able to hold a foreclosure sale if necessary may be selected.
In Texas, a deed of trust, also known as a trust deed, is the commonly used instrument for the purpose of creating mortgage liens on real estate. A mortgage is an executed contract in which the legal or equitable owner of the real property pledges the title thereto as security for performance of an obligation.
In Texas, there's no requirement that a deed be recorded in the county clerk's records to be valid. The only requirement is that it be executed and delivered to the grantee, at which time the transfer becomes fully effective between the grantor (seller) and the grantee (buyer).
The lender and the borrower together designate who will act as the trustee; both parties must agree with the decision before finalizing the deed of trust. Lenders may use a trustee with whom they are acquainted, so long they are not affiliated. The trustee must also agree to the designation.