[WSBARP] reconvey without trustee?

Bickel, Dwight Dwight.Bickel at fntg.com
Wed Apr 13 12:02:37 PDT 2016


Both the examples Bob Ordal describes are accurate. The consequences present different risks and thus different reactions by the title companies.

The title companies are trained to verify that the appointment of trustee is valid and recorded before the date of the signature on a notice of trustee sale. A notice of sale that is not signed by a valid trustee is a significant risk that will usually lead to unwillingness to insure the validity of the later sale to transfer title.

The title companies generally agree that a combined appointment of successor trustee and reconveyance will not pose a risk that the deed of trust remains valid and enforceable. Institutional lenders often use that combined form. That is likely to be relied upon, if signed by a recognized trustee, to remove an exception for the prior mortgage.
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