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What is Reconveyance?

Garry Crystal
Garry Crystal

Reconveyance is the transferring of a property title to a buyer after a secured debt, such as a deed of trust or mortgage, has been paid in full. In many jurisdictions, when a mortgage or property loan has been paid in full, the lender must issue a document indicating that the loan has been paid in full and the title has been transferred to the buyer. This document is often called a reconveyance, reconveyance deed or deed of reconveyance. It signifies that the property is owned in full by the person who was issued the document. The document also is recorded in the local government's public records for official confirmation of the transfer and to avoid disputes or problems that might be caused by lost or forged deeds of reconveyance.

Differences in Laws and Terminology

A deed of reconveyance must typically be notarized.
A deed of reconveyance must typically be notarized.

The procedure that is used for home loans is similar in many places, although the specific requirements or laws might be different from one place to the next. The terminology that is used also might be different. For example, in some jurisdictions, the document that is used to signify that the loan has been paid in full is called a satisfaction of mortgage instead of a reconveyance. A reconveyance usually is used in conjunction with a deed of trust rather than a mortgage, although the term "mortgage" is often used colloquially to refer to any home loan.

Parties Involved

The lender will reconvey the title to the trustor when the terms of the loan have been satisfied.
The lender will reconvey the title to the trustor when the terms of the loan have been satisfied.

There are three parties involved when a deed of trust is used in the purchasing of a home: the buyer, the lender and the trustee. The buyer is also called the trustor. A bank or other financial institution typically is the lender and is also called the beneficiary. The trustee is the person or entity, such as a title company, that holds the property title for the lender and typically is responsible for selling the property if the buyer fails to make the proper payments on the loan.

How Reconveying Takes Place

Reconveyance is the transferring of a property title to a buyer after a secured debt, such as a deed of trust or mortgage, has been paid in full.
Reconveyance is the transferring of a property title to a buyer after a secured debt, such as a deed of trust or mortgage, has been paid in full.

When the terms of the property loan have been satisfied, the lender instructs the trustee to reconvey the legal title to the buyer. The trustee then issues a deed of reconveyance and gives the buyer the title and sometimes a copy of the original deed of trust. This typically is legally required to be done within a certain period of time, such as 21 days or 30 days. The deed of reconveyance usually must be notarized — or officially certified as being valid — and recorded at the appropriate local government office.

Information Included

A deed of reconveyance typically must include certain specific details, such as the name of the buyer, the name and address of the lender and the address and legal description of the property. Information about the loan, such as the monetary amount and details of its registration, also is included. The document also includes all applicable dates and the name of the jurisdiction whose law governs the transaction.

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Discussion Comments

anon998970

If a recording is requested by a bank on a notarized Deed of Reconveyance we received, stating paid in full (we did not pay the loan), the bank is listed as the lender and we are listed as the buyers, who owns the property? A bank was foreclosing on the property, it was supposedly sold in auction.

anon286867

There is a company called Final Trac, that will get whatever document you need to clear the title. They charge $250, but only if they get what you need.

anon284799

I never paid off the loan and the bank went out of business. How can we get a reconveyance so we can give the campground away, and get out of dues, which are 600 a year? We cannot afford it.

anon260292

We recently sold our property and in the process are finding one of the financial institutions never bothered to file the deed of reconveyance and then went out of business. This is holding up the cash sale and burning interest at $150/day.

I have proof that the lien was satisfied when refinanced. This is in Santa Clara County, CA and the title company isn't sure what to do. Any suggestions to speed up the process?

anon181306

we have filed BK on our business and the bank gave us a 1099c forgiving the loan, does that mean they have to file a reconveyance and deed it back to us! We received nothing from the bank ever about this!

anon171060

I am short selling my house. I recently received a *Substitution of Trustee and full Reconveyance.* I have the original copy that is notarized and filed with the county court, with my name on it. How is this possible? I have not sold my house nor went in to escrow. Can mistakes happen as huge as this appears, or am I missing something?

anon169071

I paid off a second lien in December and the lender has not sent any release. We have called twice and they state it will be coming? Doesn't a lender need to provide release within 30 days of payoff?

anon154544

I bank sold my home when i was making payments. now they are trying to convey my home. is this possible for them to do?

savanna02

i have a reconveyence on my property that's recorded and the trustee is still trying to foreclose. I am looking for an attorney to help me fight this problem as soon as possible in the southern california area.

anon124469

I paid off my house loan and all I got back is the document "Substitution Of Trustee and Deed Of Reconveyance". The original trustee, which is the Title Company, was substituted with my lender. Is this OK? Should I not get a lien release and the canceled note too? Is this sufficient proof that I now own my house.

anon122687

l have recently received a substitution of trustee and deed of reconveyance from county record office What should l do is property is still ours, yes or no?

anon120500

I requested a certified copy of my grant deed from the County Recorder's office and received a full reconveyance instead. Is this the same as a grant deed?

anon91594

Here is the scoop. Most people only get the Reconveyance, not anything else. Sometimes banks even lag with that.

The "Substitution of Trustee and Full Reconveyance" is two documents merged into one. The reason the bank will often do a "Substitution of Trustee" is because the trustee actually collects like a $55 fee for reconveyance. The beneficiary will often switch the trustee so they can get that last bit of money from you, not the original trustee.

anon89092

I recently paid of my home loan and received a "Substitution Of Trustee And Full Reconveyance." Should I be concerned if there is a New Trustee?

anon87246

anon1046: If you paid off your loan and have a new trustee, I would certainly check it out. A new trustee would mean that you owe money to a new entity. If you paid off your loan by refinancing, then there could be a new trustee if there was a new lender. Also, if your lender sold your note, there could be a conveyance to a new trustee.

anon84789

If i have a tax lien on my property, and I'm trying to short sale my property. can this prevent me from short selling my property, and what steps do i need to take then, so i can sell my property?

anon83607

I have always hated legal documents. What is wrong with writing these documents in proper english.

lyping

recently we purchased a home 3/2009 from our family and we already exist in the deed

5/13 Grantee Reconveyance is shown with all of our names.

5/14 Grantee Reconveyance is shown only with mother's name.

5/14 Grantee Reconveyance is shown with family's name and not ours.

Should we be concerned? why does it not show our name for Grantee if we are the owner? Does this have to do with the word reconveyance? Please help. Thank you.

afjohnnie

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

anon21303

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.

avocado2008

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?

anon11355

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.

WholeNew88

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.

anon1046

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?

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    • A deed of reconveyance must typically be notarized.
      By: Iurii Sokolov
      A deed of reconveyance must typically be notarized.
    • The lender will reconvey the title to the trustor when the terms of the loan have been satisfied.
      By: Galina Barskaya
      The lender will reconvey the title to the trustor when the terms of the loan have been satisfied.
    • Reconveyance is the transferring of a property title to a buyer after a secured debt, such as a deed of trust or mortgage, has been paid in full.
      By: Marzky Ragsac Jr.
      Reconveyance is the transferring of a property title to a buyer after a secured debt, such as a deed of trust or mortgage, has been paid in full.