Frequently Asked Questions About Reconveyance for Dallas Businesses
Are you a business looking to better understand the reconveyance process2 min read
Are you a business looking to better understand the reconveyance process? Although the process differs somewhat state to state, there are some general questions that every business should consider. Especially for Dallas businesses, local regulations are important to keep in mind. This article can help answer frequently asked questions about reconveyance.
Reconveyance is defined as the return of a deed of trust or mortgage back to the borrower. This usually happens at the end of the mortgage term, or when the loan is paid in full. Here are some of the most important questions and answers about the process:
What Is the Difference Between a Deed of Reconveyance and a Release of Deed?
There is a distinct difference between a deed of reconveyance and a release of deed. A deed of reconveyance transfers the deed from the lender back to the borrower. In contrast, a release of deed terminates the interest of the lender, making them no longer liable for any claims in regards to the deed. This transfer does not return the deed back to the borrower.
What Is the Significance of a Reconveyance Process?
The reconveyance process is important because it means that the beneficial right of the lender is released back to the borrower. This is important because it signifies that the loan has been paid in its entirety and that the deed now belongs back to the borrower. This protects the rights and qualities of the deed.
What Is a Notice of Reconveyance?
A notice of reconveyance is the actual document that is used to declare the return of the deed of trust or mortgage to the borrower. It is usually done at the end of the loan term and only need to be submitted if there is a lender and borrower involved. This document states that the loan has been paid in full and that the deed is now back to the borrower.
What Is the Role of a Notary Public in the Reconveyance Process?
A notary public is required when it comes to the reconveyance process. When filing a deed of reconveyance, it must be signed and notarized to be legally binding. This means that the notary will verify the identities of those signing the document and witness the signatures.
Who Is Required to File a Reconveyance Document?
In the state of Texas, particularly in the city of Dallas, the borrower is ultimately responsible for filing the deed of reconveyance. It should be noted, however, that once received, the lender must then file the document with the county recorder's office.
In addition to the above questions, businesses should also be aware that state regulation varies concerning the reconveyance process. It is important to consult legal counsel to make sure that the process is followed correctly. This is especially true for Dallas businesses, as local regulation may differ.
Whether you are seeking one-time counsel or require an entire freelance legal department, UpCounsel’s network of experienced lawyers can provide all the answers you need. Its qualifications include access to high quality attorneys, 14 years of experience on average, and you can even read client reviews of recent work.