A substitution of trustee and full reconveyance documents help facilitate the release of a mortgage lien from your home or other real estate. The full reconveyance document releases your mortgage lender's lien from your property and reconveys your property to you, free and clear from the mortgage. The substitution of trustee gives the person signing the full reconveyance the authority to actually reconvey the property and release the mortgage lien.
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Mortgage lenders make mistakes, and those mistakes could result in your property remaining subject to the mortgage lien. You need to verify that the mortgage lender has crossed all the i's and dotted all the t's. Verify that the lender has actually signed the substitution of trustee and has identified the correct person as the new trustee. The person identified in the substitution of trustee should be the same person who signs the full reconveyance document. If there is a discrepancy, then you will need to get your mortgage lender to resolve the discrepancy.
Check the Property
Both the substitution of trustee and the full reconveyance will include a legal description of your property. It is a good idea to verify that the legal description in the substitution of trustee matches the legal description in the full reconveyance. Even more important, make sure both descriptions match the legal description in the original deed of trust that you signed with the mortgage lender.
Many state laws provide that a full reconveyance document and the accompanying substitution of trustee are ineffective unless they are recorded in the local county property records. Recording means filing a signed copy of the documents in the public records. Recording requires a small fee. After recording, a recording stamp will appear in the top right corner of the first page of each document. The recording stamp identifies the date of recording and the public record entry number. If your documents do not have this recording stamp, then you need to take them to the local county land records office for recording.
Save a recorded copy of each of the two documents in your permanent records. When it comes time to sell or give away your property, you will need to show that the property is free from the mortgage lien. Mistakes happen in county land records offices, and mortgage lenders are large institutions that also make mistakes from time to time. Having a copy of the full reconveyance will help easily resolve any issues that may arise in the future regarding the mortgage lien.