Washington, DC asked in Real Estate Law for Virginia

Q: Are mortgage companies required to file a deed of trust on a property they purchase from another mortgage company?

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2 Lawyer Answers
Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: Your question is not clear. I assume you have an existing mortgage, held by company "A". You have now been told that the loan is held by company "B". If that is the case, then no, "B" doesn't have to file a new deed of trust (or anything else for that matter).

If I misunderstood the question then try again and put in some more specific details so we can understand the issue.

Richard Sternberg agrees with this answer

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: Notes and the Deeds of Trust securing them can be transferred and assigned without further recordation. That is one of the keystones to the mortgage lending system that resulted in much lower nationwide rates and more than a few huge hiccups.

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