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Disadvantages to Lender A lender should also hesitate before accepting a lieu deed where there are outstanding subordinate liens or judgments against the property. In such a situation, the lender will have to foreclose its mortgage, with the attendant expense and time involved to obtain clear title.
(6) Security instrument means a deed of trust, mortgage, or other contract lien on an interest in real property. (7) Substitute trustee means a person appointed by the current mortgagee or mortgage servicer under the terms of the security instrument to exercise the power of sale.
What Is a Substitute Trustee? Generally, the original trustee appointed in the deed of trust wont handle a foreclosure if you fall delinquent in payments. So, the loan servicer will appoint a new trustee (a substitute trustee) to manage the foreclosure process.
A Substitution of Trustee and Deed of Reconveyance is a legal document that evidence 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 reconveyance is issued when a mortgage has been paid in full. The deed of reconveyance confirms that the title has been transferred from the lender to the borrower. If a deed of reconveyance is not recorded in the local county or recorders office, the homeowner will have difficulty selling the home.
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If a Trustee becomes mentally incapacitated, has no beneficial interest in the Trust and there are other Trustees, they can appoint another Trustee to replace the incapacitated Trustee.

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