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A substitution of trustee is a legal document that provides public notice regarding a foreclosure. California is one of several states that allows for mortgage foreclosure through a private transaction called a trustee's sale.
Reconveyance is the transfer of a title to the borrower after a mortgage has been fully paid.
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.If the bank chooses to appoint a new trustee at the time the loan is paid and/or the obligation is satisfied, they will substitute a new trustee.
In real estate, a trustee sale means the sale of real property through public auction.A trustee sale is typically the second-to-last step in the foreclosure process in a nonjudicial foreclosure state. In this case, after the auction is over, ownership of the property will be transferred to the highest bidder.
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.
The trustee will then issue a reconveyance deed, which gives the legal title of the property to you.Instead, the original trustee, or sometimes the loan servicing company, will appoint a new Substitute Trustee to handle the foreclosure. To do this, they must file an Appointment of Substitute Trustees.
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.Once the document is registered, it establishes the borrower as the sole owner of the property, which is now free and clear of the previous mortgage.
Under Maryland Real Property §7-105 and Maryland Rule 14-214(b)(2), corporate trustees may not exercise the power of sale. An individual (i.e., a natural person) appointed as trustee in a deed of trust or as a substitute trustee shall conduct the sale of property subject to a deed of trust.