What is Reconveyance?

business economy

If you buy property or a home using a loan from a lender, then the lender places a lien against the property. The lien is put in place when you originally borrow the loan. A reconveyance can remove this lien when the loan has been paid back in full and the property is yours free and clear.

A reconveyance must be recorded at the county recorder’s office of the county the property is situated in. The reconveyance to be recorded must have the same information that is on the deed of trust. The deed of trust is a document between the borrower and the lender, and also names a trustee. The trustee is usually a title company, and the deed of trust also records the property that the loan is being used to buy.

The reconveyance must be recorded at the county office so that, if a search is made on the property, it will show that the lien has been paid in full. The property owner’s name may not always appear on the deed of trust. If you buy a property from an individual and take on their loan repayments for the property, then the original owner’s name will be on the deed. The original information must be recorded on the full reconveyance when you pay off the loan.

When you pay off your loan, you should receive the original recorded deed of trust. You should also receive the deed of full reconveyance and the lien note. All that is really necessary to prove that the loan has been paid in full is the original deed of full reconveyance.

You should receive the deeds to your property when your purchase of the house is first recorded. The loan note or lien is the only thing that stands between you and outright ownership of the house. Once you have paid the loan and it has been recorded, you then have full reconveyance and own the property outright.

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8
Due to medical retirement, I just lost my home to a short sale. There was a 2nd on the home. Because of decline in the home value, the agreed upon sale amount was not sufficient to pay off the 2nd; the holder of the 2nd signed off on the deal and was received $3000.00 at close of escrow. Now the holder of the (now defunct) 2nd, wants us to sign a reconveyance for the balance that was unpaid at close of escrow. Obviously, due to financial distress, we don't have the funds available to pay this. They continue to harass us about this. What can we do? Are we obligated to this reconveyance? Any info would be greatly appreciated. Our only source of income is SSI and retired military pension/diability. Thank you, John
- afjohnnie
7
Just came upon this and figured I'd try to answer a couple questions below.

WholeNew88 - You won't get the original Deed of Trust back, no reason to. What you should get is a copy of a lien release or reconveyance directly from the county. The company records the information and should send you a copy. If you didn't get one, call your county clerk/recorder and ask for a copy.

Avacado2008 - Typically a substitution of trustee is filed when the person being paid back via a Deed of Trust is replaced with someone else (sometimes with a sale of a loan, etc.) Not sure why that would have been filed.

Anon11355 - You can just have your mother deed the property to you (would suggest contacting your county clerk/recorder to verify what is appropriate). It's not necessary for her to file a Deed of Trust or similar to put a lien on the property, but it's best for all parties involved.

- anon21303
6
I recently paid my home off. I received a "Substitution of Trustee and Full Reconveyance" from the county recorder. What other documents should I get, and from who?
- avocado2008
4
My mother in law owns her house outright. she has offered us a private mortgage with no interest and also wants the property in our name. What steps do we take. My mother in law will not be living in the property.
- anon11355
3
I also recently paid off my home and received a "Substitution of Trustee and Full Reconveyance" from the county recorder.

I did not receive back the original recorded Deed of Trust, nor any lien note as is stated in your article on reconveyance. Where do I go from here to make sure that I have received all the proper documentation? By not receiving back the original recorded Deed of Trust, could there be an issue later?

Thank you for your assistance.

- WholeNew88
1
I recently paid my home off. I received a "Substitution of Trustee and Full Reconveyance" from the county recorder, nameing a new trustee. Why do I need a new trustee?
- anon1046

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