Deed of Reconveyance

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A Deed of Reconveyance is an instrument that releases and discharges a deed of trust. For example, if you borrowed money and used your home as security for the loan, you probably signed and recorded a Deed of Trust against the property. When the loan is paid off, the lender gives back or reconveys” the title to the borrower by awarding the borrower a Deed of Reconveyance.

The Deed of Trust you signed was a three party instrument. The parties consisted of the TRUSTOR (the borrower), the BENEFICIARY (the lender) and the TRUSTEE (the individual holding the security interest for the benefit of the beneficiary).

Sometimes the Trustee is a title company or other third party, and sometimes the trustee is the same individual as the beneficiary.

If the trustee and the beneficiary on the subject deed of trust (referred to as “Deed of Trust” below) are the same individual, then we will prepare a document entitled FULL RECONVEYANCE. If the trustee and the beneficiary on the Deed of Trust are not the same individual, then we will prepare a document entitled SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE and the beneficiary will substitute himself in the place of the existing trustee.

This form and your answers are used by Guideway to prepare the requested legal forms. Please use the information found in this form and, if applicable, in the appropriate overview on the subject or your own knowledge or independent research when deciding how to proceed in your legal matter. If you need additional resources, please do not hesitate to ask your representative for help in finding them.
Please complete this form carefully. If an answer is left blank, we will assume the intended answer is “none” or “N/A”.

SB2 TAX COLLECTED?

Yes
No

As of January 1, 2018, California is imposing a $75 tax on recording documents relating to real property. There are a few exemptions, including when a Deed of Reconveyance is being recorded in connection with a Grant Deed on which Documentary Transfer Tax is being paid.

A Substitution of Trustee and Full Reconveyance is actually two documents, so two assessments of the SB2 tax in the amount of $150 are assessed.

SB2 TAX AMOUNT

You must provide a copy of the Deed of Trust that has been paid off. Please note the Instrument Number below.*

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You must supply a copy of the recorded Deed of Trust being released.

Instrument Number for above

To whom and where should the Deed of Reconveyance be mailed?

Name Street Address City State ZIP Code

(Generally it is mailed to the borrower who has paid off the mortgage.)

PROPERTIES:

Addressess of Property(ies)

Address	County	Location	Instrument Number of Deed of Trust to be Cancelled

To add more than one entry, press the + to the right of the first entry.

ATTENTION CDP: Using information found on the existing Deed of Trust being cancelled, including the date the deed of trust was signed, the date it was recorded, the instrument number, and the parties to the instrument, please prepare the appropriate reconveyance document as follows:

If the trustee on the Deed of Trust described above is the same as the beneficiary, please prepare a "Full Reconveyance."

If the trustee on the Deed of Trust described above is not the same as the beneficiary, please prepare a "Substitution of Trustee and Full Reconveyance."

Note: Unless the beneficiary provides the reconveyance within 30 days of payoff of the Note, he or she may be liable for $500 in damages (Civil Code 2941(b) and (d)).

How do you want to receive your documents? We offer complimentary notarization in our office in Walnut Creek, California. You can also use the services of any notary. Choose one:

I want to come to your office in Walnut Creek, California for complimentary notarization. When my documents are ready, please contact me for a notarization appointment.
I will notarize the documents on my own by going to a notary. Please send me my documents with signing instructions. After I have signed and notarized the documents, I will send them back to your office for recording with the County Recorder.
I am interested in having the notary travel to me. After I have signed and notarized the documents, I will send them back to your office for recording with the County Recorder.

Things to know about notarizing your documents:

If you go to your own notary, the notary will charge you notarization fees. If you have a travelling notary come to you, the notary will also charge you travel fees. Any such fees are between you and the notary you decide to hire, and you will pay the notary directly. The notary does not work for our company.

Whichever way you decide to notarize your documents, all signers must be sure to have a valid ID with them at the time of notarization, otherwise the notary will not be able to notarize them. You cannot use a copy of your ID, or a picture of your ID on your phone. If you are waiting on an ID to arrive from the DMV, you cannot use the temporary driver's license the DMV issued you in the meantime.

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