[WSBARP] Fouled up Deed of Trust

[Rich Holland]

I could be mistaken but isn’t the recorded instrument still enforceable as a mortgage?

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________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Joseph McIntosh <jmcintosh at McCarthyHolthus.com>
Sent: Wednesday, March 4, 2020 11:57:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Fouled up Deed of Trust


If you can get it amended, with the grantors’ notarized signature, I think that is ideal.



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Wednesday, March 04, 2020 11:51 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Fouled up Deed of Trust



PC call me because they borrowed money from a family member they filled it out and recorded the deed of trust, but failed to name a Trustee.



Which way is the best way to go here. Rerecord a new Amended, Restated and  Corrective Trust (with Borrower and lender signing off) or just a “Substitution of Trustee” or “Appointment Of Successor Trustee”.





Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary



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