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Re-conveyance of deed of trust issue

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patterl2000

Junior Member
What is the name of your state (only U.S. law)? Washington

I have a deed of trust that is paid in full and need the re-conveyance recorded. Th beneficiary is my ex-wife. The problem is when we recorded this the Trustee (along with my ex-wife) was listed as a title company that was never involved. As beneficiary and trustee can my ex-wife file the re-conveyance?
 


justalayman

Senior Member
Well, as beneficiary she can't do anything.

Unless your wife holds a position within the company/trustee that would allow her to act in the capacity as trustee, she can't do anything in that capacity either.

How is it the title company is listed as trustee of they were never involved? Something sounds a bit of a scam here.
 
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latigo

Senior Member
What is the name of your state (only U.S. law)? Washington

I have a deed of trust that is paid in full and need the re-conveyance recorded. The beneficiary is my ex-wife. The problem is when we recorded this the Trustee (along with my ex-wife) was listed as a title company that was never involved. As beneficiary and trustee can my ex-wife file the re-conveyance?
The Trustee named in the deed of trust doesn't become actively involved unless (1) the deed of trust note goes into default or (2) upon it being fully satisfied. But it holds legal title to the property and it is the only party that can effect the re conveyance. Get in touch with the title company so named and they will explain the process.

There are most likely thousands upon thousands of deeds of trust in which this particular title company is named as Trustee. But it normally becomes aware of its status only upon the occurrence one of the two mentioned events. In other words, they give a blanket consent to all lenders and borrowers act in that capacity.
 

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