Texas Appointment of Substitute Trustee

State:
Texas
Control #:
TX-JW-0008
Format:
PDF
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Appointment of Substitute Trustee
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FAQ

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 foreclosure becomes an REO at different times depending on how the bank acquired the property.An REO ("Real Estate Owned") is a home that a bank as taken back from a homeowner who stopped making his mortgage payments.In states where the homeowner has a Deed of Trust instead of a mortgage, the trustee is the one who

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.

A Notice of Trustee's Sale informs homeowners and mortgage borrowers of record that their home will be sold at a trustee's sale on a specific date and at a specific location. The actual sale typically completes a non-judicial foreclosure in states allowing this type of foreclosure process.

In Texas, the trustee is specifically appointed within the deed of trust document. Usually, the beneficiary of a deed of trust chooses the trustee. Technically, a trustee can be any individual or entity that is willing to serve in that capacity.

A substitute trustee is a person named by the lender under the terms of the security instrument (deed of trust) to exercise the power of sale (Tex. Prop. Code § 51.0001(7)). The power to appoint a substitute trustee must be expressly designated by the lender in the deed of trust, otherwise the appointment is invalid.

Notices are entitled Notice of Trustee's Sale or Notice of Substitute Trustee's Sale. They provide information about the debt, the legal description of the property, and designate a three-hour period during which the sale will be held.

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Texas Appointment of Substitute Trustee