Virginia Conveyance of Deed to Lender in Lieu of Foreclosure
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How to fill out Conveyance Of Deed To Lender In Lieu Of Foreclosure?
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FAQ
What Is A Deed Of Trust? A deed of trust is an agreement between a home buyer and a lender at the closing of a property. The agreement states that the home buyer will repay the home loan and the mortgage lender will hold the property's legal title until the loan is paid in full.
A deed of trust ? the form used almost exclusively in Virginia and in many other states in place of a true mortgage ? is similar to a mortgage in that both create a lien on the property to secure repayment of a loan. This lien gives the lender the right to sell the real property in the event the loan is not repaid.
Under Virginia law, foreclosures are done outside of court. Virginia is a non-judicial state therefore the Trustee simply sells your property, usually at a public auction to the highest bidder. Before doing this, the Trustee must follow the rules set forth in your Deed of Trust.
As used in this section, "loan secured by real estate" means an obligation executed or assumed by the borrower that is secured by mortgage, deed of trust, or similar instrument, encumbering real estate that is owned by the borrower and upon which the bank relies as the principal security for the loan.
A general warranty deed is used to transfer an interest in real estate in Virginia in most real estate transactions. A Virginia warranty deed conveys real property with warranty covenants to the buyer. It requires an acknowledgement of the grantor's signature.
A Deed in Lieu agreement is required under state law to be a voluntary transaction. A borrower has the right to buy back his property though full payment within a defined time frame. Only through a valid foreclosure or proper bank compensation can a borrower lose the right to redeem her property.
A mortgage or deed of trust is an agreement in which a borrower puts up title to real estate as security (collateral) for a loan. People often refer to a home loan as a "mortgage." But a mortgage isn't a loan agreement. The promissory note promises to repay the amount you borrowed to buy a home.
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, ...