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Updated over 6 years ago, 09/28/2018
Question About Deed & Note for Private Financing (Title/Escrow)
I have a question for seasoned title/escrow company reps or investors, who execute transactions using private financing. I am trying to modify an existing Note and Deed from the originating private lender. Originally, I drafted the Note and Deed for the acquisition of the property. Since it was a short-term loan, I've had to refinance the loan, but the existing lender offered to extend the loan another couple of years. So I redrafted the Note and Deed with new terms and submitted to a title/escrow company. There's been some delays to which we've had to withdrawal the transaction. I was thinking, the only thing we went to title/escrow was for title insurance really. What else could there be? The lender knows that the title is clear of all liens and encumbrances. We've agreed on all terms and have already notarized the documents. Can I just submit the Deed to the county for recording, like a Subject-To deal and get the note serviced by a servicing company? Do I really need to go through escrow/title company for this modification of a note by the same parties? Your feedback is really appreciated.
Thanks,
Tim