A Practical Guide to Mortgage and Deed of Trust Issues in Hendersonville
If you are facing questions or disputes related to a mortgage or deed of trust in Hendersonville, Jay Johnson Law Firm can help you understand your position and options. Mortgage and deed of trust issues can arise from title problems, loan servicing errors, improper foreclosures, payoff disputes, or unclear lien priority. This guide explains common problems homeowners and lenders encounter, walks through legal concepts that matter locally in Tennessee, and outlines how a local attorney can assist in resolving disputes through negotiation, litigation, or corrective documentation.
People who contact our firm often need clear, practical advice about mortgage records, deed of trust enforcement, and how state law affects their rights. Whether you are confronting an erroneous lien, a threatened foreclosure, or confusion over payoff amounts and releases, you should gather documents and seek counsel early. Timely review of loan paperwork, county records, and communication logs can reveal remedies such as rescission, quiet title actions, or corrections to the chain of title. We focus on helping clients make informed decisions tailored to their situation in Hendersonville and Sumner County.
Why Addressing Mortgage and Deed of Trust Issues Matters
Resolving mortgage and deed of trust problems protects property rights, prevents surprise foreclosure actions, and clears title so owners can sell or refinance. Addressing these issues promptly preserves financial stability and avoids the compounding costs and stress that arise when liens remain unresolved. Skilled legal review of loan documents and county filings can uncover procedural defects or mistakes that lead to better outcomes, such as negotiated loan modifications, corrected releases, or court-ordered relief. For lenders and borrowers alike, resolving title and lien concerns reduces future disputes and preserves the marketability of real property.
About Jay Johnson Law Firm and Our Local Approach
Jay Johnson Law Firm is based in Tennessee and serves Hendersonville and surrounding communities with practical legal services in real estate matters. Our approach emphasizes careful document review, clear communication, and a focus on resolving disputes efficiently while protecting clients’ rights. We work with homeowners, buyers, sellers, and lenders to address mortgage and deed of trust concerns, using negotiation, recorded instrument corrections, and litigation when necessary. Clients receive straightforward explanations of options and likely outcomes so they can decide what steps make sense for their unique situation.
Understanding Mortgage and Deed of Trust Issues
Mortgage and deed of trust matters cover a range of disputes about who has rights to real estate, how loans are secured, and whether lenders followed required procedures. Common issues include incorrect or stale liens, errors in recording releases, improper assignment language, wrong borrower identification, and conflicting instruments on title. Resolving these matters begins with a detailed review of county records, loan paperwork, escrow statements, and correspondence. Once the factual record is clear, legal options include negotiating corrective documents, filing quiet title or reformation actions, and defending or challenging foreclosure when necessary.
Local laws and recording practices in Tennessee affect how mortgage and deed of trust disputes are handled, including timelines for foreclosure and requirements for valid notices. Parties involved should understand statute deadlines, redemption rights where applicable, and the effect of recorded assignments or subordination agreements on lien priority. Effective resolution often relies on both procedural and substantive defenses or claims, and on accurate, up-to-date title searches. Early intervention can uncover straightforward fixes, while more complex disputes may require court proceedings to clarify ownership, release liens, or address wrongful foreclosure actions.
Key Concepts: Mortgage, Deed of Trust, and Title
A mortgage or deed of trust secures repayment of a loan by creating a lien against real property. In Tennessee, many loans use deeds of trust rather than mortgages, and the deed names a trustee who may act if the borrower defaults. Title refers to the legal ownership of property and may be affected by recorded liens, releases, or transfers. Understanding the differences between instruments and how they are recorded helps identify responsibility for servicing, payment disputes, and who has legal authority to enforce a lien or release it upon satisfaction of the debt.
Elements and Processes in Mortgage and Deed of Trust Disputes
Resolving disputes involves examining the loan agreement, note, deed of trust, chain of assignments, payoff statements, and county recording entries. Important processes include title searches, requests for reconveyance or release, negotiation with servicers, and filing actions in court such as quiet title or declaratory judgment. Procedural safeguards like proper notice, proof of standing, and compliance with Tennessee recording statutes can determine whether a foreclosure is valid. Thorough fact-gathering and careful attention to deadlines and filing requirements are central to achieving a favorable resolution.
Key Terms and Glossary for Mortgage and Deed of Trust Issues
This glossary defines common terms you will encounter when reviewing mortgage and deed of trust matters, including instruments, filing terms, and actions that can affect property ownership and lien priority. Understanding these definitions will make communications with lenders, title companies, county clerks, and attorneys clearer and help you follow recommended steps to resolve disputes. The following terms focus on practical meanings as applied in Tennessee real estate practice and county recording systems.
Deed of Trust
A deed of trust is a recorded instrument that secures a loan on real property by transferring legal title to a trustee until the debt is repaid. The deed typically identifies the borrower, lender (beneficiary), and trustee, and it outlines the trustee’s power to sell the property under specified conditions. In Tennessee, deeds of trust are commonly used in place of mortgages and create a recorded lien that affects title. Problems can arise when reconveyances, assignments, or recordings are incorrect or inconsistent with the underlying loan documents.
Reconveyance or Release
A reconveyance or release is a recorded instrument showing that the lien securing a loan has been satisfied and that title has been returned to the borrower. When a debt is paid, the trustee or beneficiary should file a release with the county to clear the lien. Failure to record a timely release can cloud title, impede sales or refinancing, and cause legal disputes over ownership and lien priority. Corrective reconveyance actions may be necessary when releases were not executed or recorded properly.
Assignment of Deed of Trust
An assignment of deed of trust transfers the beneficial interest in an existing deed from one lender or entity to another and is recorded to show the current party entitled to enforce the lien. Assignments can create confusion when multiple, conflicting instruments appear in the chain of title or when documentation of the assignment is incomplete. Confirming valid assignments and their recording dates is important to establish who has authority to collect payments or pursue enforcement under Tennessee law.
Quiet Title
A quiet title action is a lawsuit filed to resolve competing claims and to establish clear ownership of real property. When liens, mistaken recordings, or unresolved assignments cloud title, a quiet title proceeding asks the court to declare the rightful owner and extinguish invalid claims. This remedy can be appropriate when a recorded instrument incorrectly asserts a lien or when a release or reconveyance is missing. Quiet title actions aim to restore marketable title and help owners move forward with sales, refinances, or other transactions.
Comparing Limited Versus Comprehensive Legal Approaches
When addressing mortgage and deed of trust issues, parties can pursue limited, targeted remedies or a more comprehensive approach that addresses all related title and debt concerns. A limited approach may resolve an immediate issue such as obtaining a release or correcting a recording error. A comprehensive approach examines the chain of title, servicing history, and related claims to provide broader, longer-term solutions. Selecting the right approach depends on the client’s goals, the complexity of recorded instruments, and whether future transactions like selling or refinancing are planned.
When a Targeted Remedy Will Likely Be Enough:
Simple Recording Errors or Missing Releases
A targeted remedy often succeeds when the problem is limited to clerical errors, a missing reconveyance, or a single incorrect recording entry in county records. In those situations, preparing and recording a corrected instrument or obtaining a release from the lienholder can clear title without extensive litigation. This approach is efficient when the underlying loan is satisfied and the responsible party is cooperative, and it allows property owners to address the immediate impediment to sale or refinance quickly and cost-effectively.
Clear Documentation and Cooperative Lenders
A limited approach can be appropriate when records clearly show the debt was paid and a lender or servicer is willing to execute corrective documents upon request. When documentation such as payoff statements, canceled checks, or discharge letters are available, the path to clearing title is often straightforward. This method minimizes expense and disruption, focusing on obtaining a recorded release or corrected assignment so the owner can proceed with a sale or refinance without pursuing broader claims or court actions.
When a Broader Strategy Is Necessary:
Competing Claims and Complex Chain of Title
A comprehensive approach is often required when multiple recorded instruments conflict, assignments appear inconsistent, or ownership is disputed. In such cases, a full review of the chain of title, servicing transfers, and recorded documents is necessary to identify all parties with potential claims. Resolving interrelated issues may require filing quiet title actions, declaratory judgments, or other litigation to clear competing claims and to secure marketable title for future transactions.
Allegations of Faulty Foreclosure or Servicing Practices
When foreclosure procedures, notice compliance, or servicing practices are in question, a comprehensive strategy helps preserve legal rights and identify remedies. These matters can involve multiple parties, transfers of servicing rights, and factual disputes about notices and standing. Addressing such issues may require discovery, review of servicing records, and litigation to challenge wrongful foreclosure or to obtain equitable relief. A broader plan prevents leaving unresolved matters that could affect the property later.
Advantages of a Comprehensive Resolution Strategy
A comprehensive approach reduces the risk of future disputes by addressing the full scope of title, lien priority, and lender or servicer actions in one coordinated effort. This strategy seeks to correct recorded defects, resolve conflicting claims, and secure clear documentation to prevent recurring problems. While it may take more time and resources initially, the result is often greater certainty for homeowners and lenders, making future sales, refinances, or estate planning simpler and more secure.
Taking a broad view also uncovers related issues that may not be obvious at first, such as unnoticed assignments, predatory servicing errors, or unresolved subordinate liens. By examining the entire transaction history and recording trail, parties can negotiate global resolutions, obtain court orders that prevent relitigation, and ensure recorded instruments accurately reflect the parties’ rights. This reduces the administrative burden on title companies and minimizes the chance of title insurance claims down the road.
Clearing Title for Sale or Refinance
One major benefit of a comprehensive approach is restoring marketable title so owners can sell or refinance without impediment. Addressing every recorded encumbrance and confirming the validity of assignments and releases ensures that new lenders or buyers will have confidence in the property’s title. This thoroughness reduces negotiation delays, prevents last-minute title insurance objections, and protects the owner from future claims related to unresolved liens or incorrect reconveyances recorded against the property.
Long-Term Legal and Financial Certainty
Comprehensive resolution provides long-term certainty by eliminating hidden defects and putting a permanent resolution on the public record. When instruments are corrected and court orders settle competing claims, property owners avoid recurring disputes that can be costly and stressful. The proactive nature of this approach helps protect estate planning goals, streamline future transactions, and reduce the likelihood of title insurance claims or unexpected encumbrances arising after a sale.
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Practical Tips for Handling Mortgage and Deed of Trust Problems
Gather and organize all loan and title documents
Begin by collecting the promissory note, deed of trust, payoff statements, escrow records, payment receipts, and any correspondence with the lender or servicer. Also obtain a current title report or run a county records search to identify recorded liens and assignments. Organizing these documents chronologically and noting communications will make it easier to spot discrepancies and to present a clear record when requesting corrections or when meeting with legal counsel. Good documentation often shortens the time needed to resolve disputes.
Request written payoff or release information promptly
Consider both immediate fixes and long-term solutions
Decide whether a narrow remedy such as filing a corrected release will suffice or whether a broader review of the chain of title and servicing history is warranted. If you plan to sell or refinance, thorough clearance of all encumbrances may be necessary to avoid delays. When problems extend beyond simple clerical errors, pursue actions that will provide durable resolution, such as quiet title or negotiated settlement agreements, so the issue does not reappear later and title remains marketable.
Why You Should Consider Legal Help for Mortgage and Deed of Trust Concerns
Legal assistance helps identify the best path to clear title, challenge improper foreclosures, or secure corrected recordings. Attorneys can communicate with lenders on your behalf, prepare corrective documents for filing, and represent clients in court when necessary. Professional guidance reduces the risk of incomplete fixes that leave lingering title problems and helps clients understand their rights under Tennessee law regarding lien priority, recording statutes, and foreclosure procedures. Engaging counsel early often prevents escalation and preserves more options.
For sellers, buyers, and owners with contested recordings, prompt legal attention protects transaction timelines and financial interests. Counsel can perform or review a comprehensive title search, uncover hidden encumbrances, and propose remedies tailored to the situation. For lenders and servicers, legal review can prevent enforcement mistakes and ensure compliance with recording and notice requirements. Overall, informed legal action minimizes uncertainty and supports orderly resolution of disputes affecting property and title.
Common Situations That Lead People to Seek Help
Typical reasons to seek assistance include unresolved releases after loan payoff, conflicting recorded assignments, threats of foreclosure despite alleged payment, errors in borrower identification, and title clouded by erroneous liens. Other circumstances include missing reconveyance documents, disputes with loan servicers over payoff amounts, and problems discovered during a sale or refinance. Each situation calls for document review and an assessment of whether a targeted correction or litigation is the appropriate remedy to clear title and protect property rights.
Missing Reconveyance or Release
When a deed of trust or mortgage was paid but no reconveyance or release was recorded, the outstanding recorded lien can prevent sale or refinance and may create anxiety for the owner. The remedy typically begins with gathering proof of payment, obtaining a release from the lender or trustee, and recording the correct document with the county clerk. If the responsible party is uncooperative or records are inconsistent, a legal proceeding may be necessary to compel a release or to obtain a court order clearing the title.
Conflicting Assignments or Chain of Title Errors
Multiple or conflicting assignments of a deed of trust can create uncertainty about who has the legal right to enforce the lien, collect payments, or release the mortgage. These conflicts often require careful reconstruction of the chain of title, verification of assignment dates, and assessment of recording validity. Resolution may involve obtaining corrected assignments, negotiating with the parties involved, or pursuing a quiet title action to determine which claims are enforceable and to restore clear ownership rights to the property.
Alleged Wrongful Foreclosure or Defective Notice
If foreclosure has been initiated or completed and you believe required notices, timelines, or procedural steps were not followed, immediate legal attention is important to protect your rights. Reviewing the foreclosure timeline, service of notices, and documentation of standing can reveal defenses or procedural defects that may invalidate or delay enforcement. Remedies can include challenging the foreclosure in court, seeking injunctive relief, or negotiating alternatives such as loan reinstatement or modification when appropriate.
Your Hendersonville Real Estate Attorney for Mortgage and Deed of Trust Issues
Jay Johnson Law Firm is available to assist Hendersonville residents with mortgage and deed of trust concerns affecting their homes and investments. We provide focused guidance on clearing title defects, resolving reconveyance failures, addressing assignment discrepancies, and responding to foreclosure threats. Our local knowledge of county recording practices and Tennessee law helps clients pursue timely, effective remedies. If you need help understanding recorded instruments, obtaining releases, or filing actions to protect your property interests, contact our office for an initial consultation.
Why Clients Choose Jay Johnson Law Firm for These Matters
Clients work with our firm because we prioritize clear communication, thorough document review, and practical solutions tailored to the situation. We help gather necessary records, identify the most efficient path to clear title, and represent clients in negotiations or court when needed. Our goal is to resolve disputes in a way that protects clients’ financial interests and reduces the chance of future complications.
We understand local recording processes and the common issues that arise with deeds of trust and mortgage records in Tennessee, which allows us to recommend interventions likely to succeed. We prepare corrective instruments, pursue quiet title actions when required, and work with title companies to resolve objections that can delay or derail transactions. Our practice focuses on practical outcomes that restore property marketability and owner confidence.
Whether the need is a simple release or a comprehensive resolution of multiple recorded claims, we evaluate the facts and propose a plan that balances cost, speed, and effectiveness. We keep clients informed at each stage, explain likely timelines, and outline potential risks so decisions can be made with full information. If you are facing mortgage or deed of trust questions in Hendersonville, we can review your documents and advise on next steps.
Contact Jay Johnson Law Firm to Discuss Your Situation
How We Handle Mortgage and Deed of Trust Matters
Our process begins with an initial document review and fact-gathering to understand the scope of recorded instruments, communications, and any disputed actions. We then outline options such as corrective recording, negotiation with servicers, or filing quiet title or other court actions. Clients receive a clear plan with anticipated steps and estimated timelines. Throughout the process we coordinate with title companies, county clerks, and opposing parties to secure recorded resolutions and protect our clients’ property interests.
Step 1: Document Collection and Title Review
We start by requesting and reviewing the note, deed of trust, assignments, payoff statements, and county land records. This phase establishes the factual record and identifies inconsistencies, missing releases, or questionable assignments. A careful title review reveals recorded liens and their priority and highlights issues that must be addressed before sale, refinance, or transfer. Accurate documentation at this stage informs the most efficient remedial path.
Collect Loan and Recording Documents
Gathering all available documents is essential: loan agreements, statements of account, escrow records, and any correspondence with the lender or servicer. We also obtain county recordings and title reports to confirm what is on the public record. This comprehensive collection helps identify whether errors are clerical, whether releases were recorded, or whether assignments require correction. The information gathered here forms the foundation for all subsequent actions.
Analyze Chain of Title and Priority
With documents in hand we reconstruct the chain of title and assess lien priority among recorded instruments. This analysis determines whether any recorded assignments or subordinate liens affect enforceability or marketability of the title. Identifying the parties with recorded interests allows us to target communications and prepare corrective filings that will restore clear title for current or future transactions.
Step 2: Pursue Resolution or Corrective Filings
Based on the review, we pursue the most appropriate resolution, which may include requesting and recording corrected releases, negotiating with servicers, or preparing documents to resolve chain of title issues. When parties are cooperative, corrective filings and recorded reconveyances can clear title without litigation. When disputes persist, we prepare demand letters and consider court filings to secure definitive relief on the public record.
Negotiate with Lenders or Servicers
We communicate directly with lenders, trustees, and servicers to request reconveyances, corrected assignments, or payoff confirmations. Clear, documented requests and follow-up often persuade parties to correct records, especially when supported by proof of payment or contractual documentation. Effective negotiation can preserve resources and lead to fast recorded resolutions that restore marketable title without court intervention.
Prepare Corrective Documents for Recording
When recordings are incorrect or incomplete, we prepare the legal instruments needed to correct the public record, such as releases, corrected assignments, or affidavits of lost instruments. Properly drafted and recorded documents create a clean chain of title and provide the documentary support required by title companies for closing sales or refinances. Attention to county recording requirements ensures those documents are effective once filed.
Step 3: Litigation and Court Remedies When Needed
If negotiation and corrective filings cannot resolve the dispute, we may file litigation such as quiet title, declaratory judgment, or actions to challenge wrongful foreclosure. Court proceedings can compel releases, correct the record, and provide final resolution of competing claims. Litigation also allows formal discovery to obtain servicing records and other documents that may be necessary to prove the client’s position and achieve a binding adjudication.
File Quiet Title or Declaratory Actions
Quiet title and declaratory judgment actions ask a court to determine rightful ownership or the validity of recorded liens. These remedies remove clouds on title by resolving competing claims and directing proper recordings. Court orders resulting from these actions create authoritative public records that assist in future transactions and help prevent subsequent disputes over the same issues.
Seek Injunctive Relief or Rescission When Appropriate
In urgent situations such as imminent foreclosure or ongoing improper enforcement, courts can be asked to issue injunctions that temporarily block actions while the dispute is resolved. When transactions are tainted by materially misleading information or systemic errors, rescission or equitable relief may be sought to unwind or correct problematic transfers. Judicial remedies provide a definitive path to protect property rights when other avenues have been exhausted.
Frequently Asked Questions About Mortgage and Deed of Trust Issues
What should I do first if I find a lien on my Hendersonville property that I thought was released?
Begin by obtaining a complete copy of the county recording for the property and gather any payoff statements, canceled checks, or correspondence that demonstrates the loan was satisfied. Compare the recorded instruments to your loan documents to identify whether the reconveyance or release was properly executed and recorded. Request a title report or run a records search to see the exact language and dates on file. Keeping a clear paper trail will make it easier to request corrective action from the lender or trustee.If the lender or trustee will cooperate, ask them to execute and record a reconveyance or release and provide a written confirmation. If the responsible party is unresponsive or disputes the payoff, a formal demand letter and, if necessary, a court action such as a quiet title or declaratory judgment may be needed to compel release. Consulting an attorney early helps identify the most efficient path to clear title and protect your ability to sell or refinance the property.
How does an assignment of a deed of trust affect who can foreclose?
An assignment of a deed of trust transfers the beneficial interest from one party to another and, when properly recorded, shows who currently holds the right to collect payments and to enforce the lien. In practice, the recorded assignment establishes which entity appears on public record as the party with enforcement authority, and clear documentation of assignments helps determine who has standing to foreclose under Tennessee law. Conflicting or missing assignments can create disputes about the proper foreclosing party.When assignments are unclear or inconsistent, it may be necessary to trace the chain of title and confirm the validity and timing of each recorded transfer. If an assignment is not recorded correctly or the assignee cannot demonstrate possession of the note or authority to foreclose, that may provide defenses in a foreclosure action. Resolving assignment issues often involves obtaining corrected assignment documents or pursuing declaratory relief to clarify rights and standing.
Can a missing reconveyance be fixed without going to court?
Yes, many missing reconveyances can be fixed without court intervention if the party entitled to release the lien is cooperative and documentation proves the loan was paid. Start by providing proof of payoff to the trustee or servicer and request a recorded reconveyance or release. If the lender or trustee agrees, they will execute and file the necessary documents with the county clerk, restoring clear title on the public record and allowing transactions to proceed.When the responsible party refuses or cannot be located, you may need to pursue legal remedies to compel a reconveyance or to seek a court order declaring the release. In such cases, actions like quiet title or declaratory judgment can provide a judicial solution that results in a recorded determination clearing the lien. Legal guidance helps determine whether a negotiated fix is possible or whether court action would be more effective given the circumstances.
What are common defects that cloud title in mortgage records?
Common defects include incorrect borrower names, missing or improperly executed release instruments, conflicting assignments, clerical errors in recording dates, and overlooked subordinate liens. These issues often arise from errors during servicing transfers, lost documents, or failure to record releases promptly after payoff. Such defects create clouds on title that can hinder sales, refinances, or transfers and may require corrective filings or litigation to resolve.Other defects may stem from improper notice, incomplete documentation of assignments, or instruments that lack necessary signatures or acknowledgments. Identifying these problems typically requires a careful review of the loan file and public records. Once defects are identified, remedies include preparing and recording corrected instruments, obtaining agreed releases from responsible parties, or pursuing a quiet title action when necessary to clear competing claims.
How long does it take to clear title for a sale or refinance?
The time to clear title varies based on the nature of the issue. Simple recording errors or cooperative lenders may be resolved within a few weeks after document preparation and submission to the county recorder. Obtaining a reconveyance or corrected assignment that parties agree to record often moves quickly once the proper documentation is in hand and payments or confirmations are verified.More complex matters involving conflicting claims, missing parties, or litigation can take several months or longer. Quiet title actions and contested lawsuits require court schedules, discovery, and potentially hearings, which extend timelines. Early document collection, prompt communication with involved parties, and targeted legal action can shorten delays and improve the chance of timely resolution for a sale or refinance.
Can I challenge a foreclosure based on procedural defects?
Yes, foreclosures can be challenged on procedural grounds if the lender or trustee failed to follow required notice, service, or statutory procedures under Tennessee law. Common procedural defenses include improper notice of default, failure to follow contractual cure periods, lack of standing due to incomplete assignments, or defective sale procedures. Reviewing the foreclosure file and timeline may reveal actionable defects that could delay or defeat enforcement.Challenging a foreclosure typically involves detailed review of servicing records, recorded assignments, and compliance with notice requirements. When procedural defects are identified, remedies can include seeking an injunction to halt foreclosure, pursuing damages, or asking the court to set aside a sale. Effective defense requires timely action and documentation to support claims about flawed procedures or defective transfers.
What documents should I bring to an initial consultation?
Bring any documents related to the loan and property: the promissory note, deed of trust, payoff statements, closing documents, escrow records, proof of payments, and any correspondence with the lender or servicer. Also obtain recent title reports, county recorder printouts listing recorded instruments, and notices of default or foreclosure if applicable. Having these materials organized will allow a quicker assessment of the issue and clearer recommendations.If you are unsure what is available, request a copy of your loan file from the servicer and obtain a current title search from a title company or the county clerk’s office. The more complete the documentation you bring to the consultation, the better the initial review and the more precise the advice regarding whether corrective recording, negotiation, or litigation is the best path forward.
Will a quiet title action remove all competing claims?
A quiet title action is designed to resolve competing claims and to declare who has superior legal title to property. When successful, it extinguishes invalid or conflicting claims that cloud ownership, and the court’s order becomes part of the public record, helping secure clear title. Quiet title can be very effective in removing adverse or erroneous liens and ensuring the property is marketable for future transactions.However, quiet title actions require proper notice to potential claimants and depend on the facts and strength of competing claims. Some issues, such as unresolved personal claims or future liens not yet recorded, may not be fully addressed by a single action. A comprehensive review before filing can determine whether quiet title alone will suffice or whether additional remedies are necessary to achieve durable resolution.
How do I prove a loan was paid off if the release was not recorded?
To prove a loan was paid off when a release was not recorded, gather documentation such as payoff statements that show zero balance, canceled checks or bank records evidencing payment, discharge notices from the lender, and any correspondence confirming satisfaction of the debt. These documents create a factual record that demonstrates the obligation was fulfilled and support a request for a recorded release or reconveyance from the trustee or beneficiary.If the responsible party will not record a release despite proof, an action in court may be necessary to compel a reconveyance or to obtain a declaratory judgment establishing that the lien has been satisfied. Courts can order corrective recording when evidence confirms payment and the party holding the lien refuses to cooperate. Legal counsel can assist in assembling proof and pursuing the appropriate remedy to clear the title.
What role does the county recorder play in resolving these issues?
The county recorder or register of deeds is responsible for maintaining the public record of all recorded instruments, including deeds of trust, assignments, reconveyances, and releases. Accurate recording with the county is what creates constructive notice to the public and defines the chain of title. Ensuring that corrective documents conform to county requirements and are properly recorded is essential to clear public records and restore marketable title.While the county cannot itself correct substantive errors in instruments, it will record properly executed documents presented to it. If mistakes or omissions exist in the recorded instruments, parties must prepare and submit corrected or supplemental documents for recording, or obtain court orders authorizing recording. Legal counsel can prepare and file the required documents in the proper form for the county recorder’s acceptance.