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?


Asked on 1/26/06, 4:34 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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.

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Answered on 1/26/06, 5:18 pm
Judith Deming Deming & Associates

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.

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Answered on 1/29/06, 9:50 pm


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