Thanks, Patrick. That is a very hand chart. I recently dealt with a situation where an Ohio resident borrowed money from a distant relative in Oregon and they attempted to secure it with a Deed of Trust. When the borrower failed to make his payments, the Oregon lender contact me. I was perplexed by the effect of the Deed of Trust, but it certainly clouded the title. The property was sold by the borrower, and the title company wanted to get the Deed of Trust released.
The Trustee was a well-known title company, in Oregon, who initially offered to re-convey the property, as they would do if there. However, they later decided that they never should have filed the Deed of Trust in Ohio (because we are a mortgage state), so they decided it best not to attempt to re-convey the property.
I prepared a Satisfaction, stating that the underlying debt had been paid and instructing the Recorder to release the lien of record (if it really was a lien). Borrower and Trustee signed it and we recorded it. I'm not sure if that was the right way to deal with it, but with something of record stating the debt has been paid, I don't think it will ever cause a problem.
Best,
Robert A. Franco
SOURCE OF TITLE
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