A California Lost Trust Deed Bond, or lost trust note bond is required by title insurance companies or other financial instrument transfer agents. A trust deed is normally recorded with the recorder or county clerk for the county where the property is located as evidence of and security for the debt.
Per California Civil Code 2941:
“Whenever the obligation secured by a mortgage or deed of trust has been fully satisfied and the present mortgagee or beneficiary of record cannot be located after diligent search, or refuses to execute and deliver a proper certificate of discharge or request for re-conveyance, or whenever a specified balance, including principal and interest, remains due and the mortgagor or trustor or the mortgagor’s or trustor’s successor in interest cannot, after diligent search, locate the then mortgagee or beneficiary of record, the lien of any mortgage or deed of trust shall be released by posting a California Lost Trust Deed Bond or lost trust note bond of two times the amount of the original obligation secured by the mortgage or deed of trust and any additional principal amounts.”
(See CA Civil Code 2941.7 for more information.)
This Lost Trust Deed Bond is the same as a California Reconveyance Surety Bond.
The lost trust deed bond amount must be equal to the greater of either (1) two times the amount of the original obligation secured by the mortgage or deed of trust and any additional principal amounts, including advances, shown in any recorded amendment thereto (most common), or
(2) one-half of the total amount computed pursuant to (1) and any accrued interest on such amount, and shall be conditioned for payment of any sum which the mortgagee or beneficiary may recover in an action on the obligation secured by the mortgage or deed of trust, with costs of suit and reasonable attorneys’ fees.
The obligees (parties protected by the bond) under the bond are the mortgagee (lender of the deed in question) or mortgagee’s successor in interest or the trustee who executes a reconveyance under this section (usually the title insurance company) and the beneficiary or beneficiary’s successor in interest.
At Surety1 we make it easy to apply for all surety bonds. As a California based surety bond agency, we understand the requirements to underwrite ta lost trust deed bond and have the markets available to get you the very best price as quickly as possible.
Once these steps have been completed, the California Lost Trust Deed Bond will be shipped to you for signature prior to delivering the document to the title company. Within 30 days, the trustee (title company) “shall execute and record, or otherwise deliver as provided in Section 2941 , a reconveyance in the same form as if the beneficiary had delivered to the trustee a proper request for reconveyance, provided that the trustee has not received a written objection to the reconveyance from the beneficiary of record. “
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