A properly completed deed of reconveyance is necessary to release a property from a deed of trust. A deed of trust is used by a borrower to transfer interest in real estate to a lender when she is receiving a home loan. The deed of trust allows the lender to foreclose on a home without using the judicial system and is used in states that do not use recorded mortgages, such as California. The deed of reconveyance allows the lender to transfer the home interest back to the borrower when the loan is paid off.
Locate a copy of the deed of trust to the property. Visit the county clerk or recorder's office with the property address if you can't find the deed of trust. Give the clerk the address and ask for a copy of the deed.
Complete the top area of the reconveyance deed. Enter the name of and address of the person who executed the deed of trust, the borrower or debtor. Refer to the original deed of trust for the name spelling.
Complete the middle section, the trustee's name and address. The trustee is the lender. Refer to the original deed of trust for the trustee's information.
Fill in the section for the original deed of trust information. Forms vary by area, but you typically need the dated date and filed date of the deed of trust and the recording information, such as book and page or instrument number. Check the deed of trust for the recording information.
Have the trustee sign and date the deed of reconveyance in front of a licensed notary. The trustee's signature must be notarized. File the deed of reconveyance in the county clerk or recorder's office.
Making a mistake on the deed of reconveyance may invalidate the document.
- Law Offices of Peter N. Brewer; "The Deed of Reconveyance..."; Julia Wei; June 2011
- Law Depot: Deed of Reconveyance FAQ
- American Bar Association. "Commercial Real Estate FAQs: What Is the Difference Between a Mortgage and a Deed of Trust?" Accessed July 31, 2020.
- Cornell Law School. "Deed of Trust." Accessed April 6, 2020.
- Consumer Financial Protection Bureau. "Deed of Trust." Accessed July 5, 2020.
- American Bar Association. "Glossary of Real Estate Terms: Deed of Trust." Accessed July 31, 2020.
- Consumer Financial Protection Bureau. "How Does Foreclosure Work?" Accessed July 5, 2020.
- American Bar Association. "Mortgage Note -- Deed of Trust Note." Accessed July 31, 2020.
- Making a mistake on the deed of reconveyance may invalidate the document.
Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background. She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts.