For private lenders & note holders

Substitution of Trustee & Full Reconveyance

The note is paid. Until the reconveyance records, your borrower’s title still shows your lien — and it surfaces at their next sale or refinance, usually with a deadline attached. We prepare and record both instruments together.

Start My Reconveyance (408) 766-3532
Flat fee
$500
for the pair, plus recording at cost
  • Substitution of Trustee
  • Full Reconveyance
  • Recorded together, in order
  • All 58 California counties
Why both documents

Paying off the note does not clear the record

A deed of trust names a trustee — often a title company chosen when the loan was made, sometimes an entity that no longer exists. Only that trustee can reconvey. On a private loan there is frequently no active institutional trustee willing to act, which is why the two documents are prepared as a pair:

1

Substitution of Trustee

The beneficiary — you, as the lender or note holder — substitutes a new trustee in place of the original. This is what creates the authority to reconvey when the named trustee is defunct, unresponsive, or was never a real party.

2

Full Reconveyance

The substituted trustee then reconveys the property, releasing the deed of trust from the record. This is the instrument that actually clears the lien from your borrower’s title.

3

Recorded in order

Sequence matters. The substitution has to record before, or together with, the reconveyance — otherwise the reconveyance is signed by someone the record does not yet show as trustee. We submit them as one package.

The commercial reality: an unreconveyed deed of trust does not announce itself. It sits quietly until the borrower sells or refinances, at which point escrow stops the file and someone has to track down a lender from years ago. If that lender is you, it becomes your problem on somebody else’s deadline.

Who this is for

Four situations we see most

1

Private lender, note paid off

You funded a loan, the borrower paid it, and the deed of trust is still on record. The routine case — and the one worth doing promptly rather than when someone chases you.

2

Seller financing that has run its course

You carried paper on a property you sold. The buyer has paid, and the security instrument needs releasing.

3

Family or hard money loans

Loans between relatives or small investors, often documented once and never revisited. These are the ones most likely to still be sitting on title years later.

4

A backlog of old notes

If you have several paid-off notes that were never reconveyed, send us the list. We quote them as a batch rather than per file.

Related lender services

The full loan lifecycle

StageDocumentFee
Before fundingExpanded Title Search — ownership, liens, judgments, tax status$275
VestingEntity vesting deed where the borrower holds in an LLC$400
At fundingDeed of trust & promissory noteFrom $1,000
At payoffSubstitution of Trustee & Full Reconveyance$500

TruPoint Legal LLC is a California Registered Legal Document Assistant office, LDA #268, Santa Clara County, registered and bonded. We prepare documents at your specific direction under Business and Professions Code §6400. We are not attorneys and do not give legal advice: whether a note has been satisfied, whether a beneficiary has authority to substitute, and whether reconveyance is appropriate are questions for you or your attorney. We are not a title insurer and issue no policies.

Frequently asked

Reconveyance questions

What is a full reconveyance, and why do I need one?

A full reconveyance is the recorded instrument that releases a deed of trust from the property once the underlying note is paid. Until it records, the public record still shows an active lien — the payoff itself changes nothing on title. A title company searching the record sees your deed of trust and treats the property as encumbered, regardless of what the parties know to be true.

Why do I need a substitution of trustee as well?

Because only the trustee named in the deed of trust can reconvey it. On institutional loans that trustee is an active title company. On private loans it is frequently a company that has dissolved, an entity that never really acted, or someone unwilling to sign years later. The substitution lets you, as beneficiary, appoint a trustee who will — and without it, the reconveyance is signed by someone the record does not recognise as having authority.

Does the order they record in matter?

Yes. The substitution must record before, or in the same package as, the reconveyance. Record them out of order and you have a reconveyance executed by a party the record did not yet show as trustee, which is exactly the defect a future title examiner will flag. We submit them together, in sequence, as a single package.

What happens if the deed of trust is never reconveyed?

Nothing, until it matters — and then it matters urgently. The lien stays on the record indefinitely, and it surfaces when the borrower tries to sell or refinance. Escrow stops the file, and someone has to locate a lender from years earlier and obtain a reconveyance under time pressure. The work is the same; the difference is whether it happens on your schedule or on a closing deadline.

I have several old notes that were never reconveyed. Can you do them together?

Yes, and it is worth doing as a batch. Send us the list with the recorded deed of trust for each — or the property addresses and APNs and we will pull them — and we quote the set rather than per file. Clearing a backlog proactively is far cheaper than doing them one at a time when each borrower calls in a panic.

The borrower paid off but I have lost the original note. What now?

The recorded deed of trust is the document that governs the lien, and that is a public record we can pull. A missing original note is a separate issue between you and the borrower, and whether it affects your ability to reconvey is a legal question we cannot answer — that is one for your attorney. Tell us what you have and we will tell you what we can prepare from it.

What is the difference between a full and a partial reconveyance?

A full reconveyance releases the entire deed of trust. A partial reconveyance releases only part of the secured property — used where a loan covers several parcels and one is being sold or released. Partial reconveyances need the released parcel described precisely, so tell us at the outset if that is what you need rather than a full release.

How fast can you record it?

We prepare both instruments within 24 hours of receiving the recorded deed of trust, and once signed and notarized we e-record the same business day in counties that accept electronic recording. If a borrower’s closing is waiting on this, tell us the date at first contact — that sets the schedule, and we would rather say it is not achievable than take the fee and miss it.

Who signs these documents?

The beneficiary — the lender or current note holder — signs the substitution of trustee. The newly substituted trustee signs the full reconveyance. Where a lender is an entity, the signer must have authority to bind it, and the entity name has to match the recorded deed of trust exactly. Both signatures are notarized. If the note has been assigned since it was made, tell us, because that affects who the current beneficiary is.

Can you handle this if I am out of state or outside the country?

Yes, at the same flat fee — what matters is where the property is. We prepare the documents and email them with signing instructions. From another state you sign before any notary licensed where you live. From abroad the acknowledgment is normally taken at a U.S. embassy or consulate, and California also accepts a notary of that country, though some counties want the signature authenticated first. Out-of-state note holders are a large share of who uses this.

Which counties do you cover?

All 58 California counties, at the same flat fee. Where a county accepts electronic recording we submit directly and a signed package received before the afternoon cutoff can be on record the same business day. Where a county still requires paper it takes longer — we tell you which applies before you commit.

Do you offer volume pricing for lenders?

Yes. Private lenders, note funds, and law offices sending regular volume can arrange standing pricing with a single point of contact and a consistent turnaround commitment. There is no minimum and no subscription — the flat $500 stands on its own if you only ever send one. See deed services for lenders for how we work with lenders across the whole loan lifecycle.

Can you prepare the loan documents too, not just the payoff?

Yes. We prepare deeds of trust and promissory notes at funding, entity vesting deeds where the borrower holds in an LLC, and title searches before you commit capital. Using one office across the lifecycle means the payoff documents reference the funding documents correctly, because we prepared both.

What do you need from me to get started?

The recorded deed of trust — or the property address and APN and we will pull it — the exact name of the current beneficiary, confirmation the obligation has been satisfied, and any assignment if the note changed hands. If a title company or escrow officer has told you what they need recorded, send their written note; it is the fastest starting point.

How much does it cost?

A flat $500 for the pair, quoted before you commit, plus county recording fees at cost — typically $40 to $130 depending on county and page count. There are no court fees, because nothing is filed with a court. Batches of multiple payoffs are quoted together and priced below the per-file rate.

Do I need an attorney for a reconveyance?

Not for the documents. Preparing and recording a substitution and reconveyance is document work a California Registered Legal Document Assistant does at your direction under Business and Professions Code §6400. TruPoint Legal is LDA #268, registered and bonded in Santa Clara County. An attorney is the right call where the payoff is disputed, where the borrower claims the debt was satisfied and you disagree, or where the loan is in default and you are considering foreclosure — none of which are document preparation.

Clearing a paid-off note?

Send us the recorded deed of trust and we will confirm what needs preparing and quote it before you commit.

Start My Reconveyance — $500 (408) 766-3532