Deed Of Trust Without Promissory Note In North Carolina

State:
Multi-State
Control #:
US-00183
Format:
Word; 
Rich Text
Instant download

Description

This form is a deed of trust modification. It is to be entered into by a borrower, co-grantor, and the lender. The agreement modifies the mortgage or deed of trust to secure a debt described within the agreement. Other provisions include: renewal and extension of the lien, co-grantor liability, and note payment terms.


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FAQ

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, ...

"A deed seeking to convey an interest in land "is void unless it contains a description of the land sufficient to identify it or refers to something extrinsic by which land may be identified with certainty." Overton v. Boyce, 289 N.C. 291, 293, 221 S.E.2d 347, 348 (1976).

In North Carolina, there are three main types of deeds: (1) general warranty deed; (2) special warranty deed; and (3) quitclaim deed. Each of these main types of deeds are used for different purposes. The general warranty deed is the most common type of deed used in North Carolina.

In North Carolina, a deed of trust or mortgage acts as a conveyance of the real estate. Upon repayment of the debt or performance of the obligation, the conveyance becomes void.

A deed of trust can benefit the lender because it allows for a faster and simpler way to foreclose on a home — typically months or even years faster.

The essential element of a valid North Carolina deed is words of conveyance, which establish the intent to transfer property and are crucial for the deed's legality.

attorney can prepare a document that will be recorded, if that document is selfprepared for the preparer's benefit (for instance, a power of attorney) and does not affect the rights of others. A deed could likewise be selfprepared in a situation where it is from grantor to grantor's trust or LLC.

The Buyer Generally Pays: Document preparation (if applicable) Notary fees. Recording charges for all documents in buyer's name.

Drafting of legal documents, including deeds, mortgages, and other transaction documents must be prepared by a NC attorney. NCGS § 84-2.1. Non-attorneys may provide limited services in a real estate closing including witnessing of closing documents and receipt and disbursement of closing funds.

More info

All deeds executed and registered according to law shall be valid, and pass title and estates without livery of seizin, attornment or other ceremony. This Deed of Trust is to be governed and construed in accordance with the laws of the State of North Carolina.Required elements for a document to be an insurable Deed of Trust: a. Must be in writing. b. A deed of trust normally references the underlying promissory note and requires the note's repayment. Do you have any other concern? The deed of trust secures the house and land to the note and allows a lender to foreclose on a property if there is default. This Note is to be governed and construed in accordance with the laws of the State of North Carolina. In addition, a trust deed will also include a power of sale clause that gives the trustee the right to sell the property if the borrower defaults. Deeds of Trust work in a simple manner: a lender gives money to a borrower for a home purchase.

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Deed Of Trust Without Promissory Note In North Carolina