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| CRE Online > Real Estate Law > Bill Bronchick > Question and Answer |
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Question by Lisa:
Several years ago I informed the title company that they had not delivered the original deed of trust. The escrow officer forwarded me certified copies of the deed and told me that would do. Now I am trying to move forward with a foreclosure and have discovered I will indeed need the original deed of trust. My question: What are my options? I have asked them to provide me with a bond and now they have referred my file to their legal department. I never received nor signed for the certified mail the original deed of trust supposedly came in. Are their any regulating companies for title companies which I can contact. Answer By William Bronchick: In most deed of trust states, the original note is required, otherwise a bond is necessary. However, a certified copy of the deed of trust should suffice, since it was already recorded. That is how it is done in my state of Colorado. Since you are presumably paying an attorney to do the foreclosure, I suggest you ask him the appropriate course of action. Disclaimer: The foregoing is not intended to be given as legal, financial or tax advice, but intended for instructional use only. If you require legal, financial or tax advice you should seek the assistance of a qualified professional.
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