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Updated over 15 years ago on . Most recent reply

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Jeff NA
  • Involved In Real Estate
  • Portland, OR
44
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117
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Went to the courthouse for the first time. Some questions:

Jeff NA
  • Involved In Real Estate
  • Portland, OR
Posted

I found myself a few blocks from my courthouse (or more accurately, our public research room) a few days ago, and decided that since I'm trying to confront my fears, my inexperience, and do something (anything), I wandered on it and asked to look at the list of NODs. It was an interesting experience and the woman was quite helpful. I left with more questions than I walked in with, which I consider to be a terrific thing, and I was hoping some of you beautiful, wonderful people might be able to help.

While looking over the notices, I found a host of information, and I wondered if I was missing anything. I was able to spot the parties involved (more on this in a second), and the total amount due, the sale date, the loan number, the trustee sale number, the order number, the amount to reinstate for some, and of course the address. Am I missing any pertinent info here? And I assume that the loan number would be used while referring to the property with the bank, and the trustee sale number refers to the relationship to the sale. Not sure what the order number is, but am I generally correct in that assumption?

The topic that caused me the most confusion was the difference and relationship between the names other than the homeowner. For example, in one filing I found something along the lines of ". . .deed of trust made by John Doe (name changed by me, obviously), as grantor, to Regional Trustee Services, as trustee, in favor of Household Finance Copr, as beneficiary. . ." This same filing was also stamped at top with "Return to Fidelity National."

So, my question is who are all these people? That would appear to be three different parties. Who the heck is everyone there?

Other than that, I'd interested in any other advice someone may have for me for my next casual visit.



Jeff

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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,127
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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

The details of this stuff vary from state to state. A "deed of trust" is a security instrument. Here in CO, if I finance a house with ABC Loan Sharks, there will be a deed of trust with me as the grantor (granting a security interest in the property) and ABC Loan Sharks as the grantee.

We use public trustees here to do foreclosures. Its a county office. The trustee would only be involved when the foreclosure actually occurs. I think CO may be the only state where this is a county office rather than being done by private companies.

Could be, though, in Oregon, the deed of trust is granted to the trustee with a beneficiary of the lender.

Fidelity National is a title company. They were probably the one doing the original closing, and the documents were to be returned to them.

This sounds like the deed of trust (similar to a "mortgage") from the original loan.

You might ask that helpful person at the recorders office who everyone is.

I've found that if you just keep looking, digging, and asking questions, it eventually starts making sense. It never seems to fully finish making sense, as there's always something new that crops up.

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