Maryland Appointment of Substitute Trustees

State:
Maryland
Control #:
MD-JB-230
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PDF
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Appointment of Substitute Trustees
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FAQ

The Maryland deed of trust is a type of deed conveying an interest to a bank demonstrating that a mortgage interest exists in the property. This is filed with the Land Records department of the circuit court in the county in which the property is located like any other deed.

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.

The lender is the person or legal entity providing the loan to the borrower. The trustee is a neutral third-party who holds the legal title to a property until the borrower pays off the loan in full. They're called a trustee because they hold the property in trust for the lender.

Substitute Trustee Person appointed by the current mortgagee or mortgage servicer to exercise the power of sale in lieu of the original trustee designated in the deed of trust. Simple Terms This is the person who conducts the sale at the foreclosure auction.

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.

Some states have laws governing who may or may not serve as a trustee in a deed of trust. Generally, the trustee must be an attorney, title insurance company, trust company, bank, savings and loan, credit union, or other company specifically authorized by law to serve as a trustee.

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.

The person who reposes or declares the confidence is called the author of the trust; The person who accepts the confidence is called the trustee; the person for whose benefit the confidence is accepted is called the beneficiary; the subject-matter of the trust is called trust property or trust money; the

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.

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Maryland Appointment of Substitute Trustees