Legal Question in Real Estate Law in California
Lost deed of trust
I am the successor trustee for a trust holding an installment note secured by the deed of trust. The purchasers have paid off the note, but I don't have the deed of trust or the original note. Can I get duplicates of those from the recorder and use them in place of the originals?
2 Answers from Attorneys
Re: Lost deed of trust
You can purchase a certified copy of the deed of trust from the county recorder's office, but they won't have the original promissory note.
Re: Lost deed of trust
You can alwasys get a certified copy of a recorded deed of trust from the county recorder; however, notes are not recorded, so you cannot get that from the recorder; however, if you are the trustee of the trust which is the beneficiary, presumably you would or should know the terms of the note.