Gem County Substitution of Trustee - for Deed of Trust Form

Gem County Substitution of Trustee Form
Fill in the blank form formatted to comply with all recording and content requirements.

Gem County Guidelines for Substitution of Trustee Form
Line by line guide explaining every blank on the form.

Gem County Completed Example of the Substitution of Trustee Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Idaho and Gem County documents included at no extra charge:
Where to Record Your Documents
Gem County Clerk-Auditor-Recorder
Emmett, Idaho 83617-3096
Hours: 8:00 a.m. – 5:00 p.m. Monday-Friday
Phone: (208) 365-4561
Recording Tips for Gem County:
- Bring your driver's license or state-issued photo ID
- Verify all names are spelled correctly before recording
- White-out or correction fluid may cause rejection
- Documents must be on 8.5 x 11 inch white paper
- Bring extra funds - fees can vary by document type and page count
Cities and Jurisdictions in Gem County
Properties in any of these areas use Gem County forms:
- Emmett
- Letha
- Ola
- Sweet
Hours, fees, requirements, and more for Gem County
How do I get my forms?
Forms are available for immediate download after payment. The Gem County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Gem County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Gem County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Gem County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Gem County?
Recording fees in Gem County vary. Contact the recorder's office at (208) 365-4561 for current fees.
Questions answered? Let's get started!
This form is issued by the current beneficiary/lender to replace an existing trustee with a successor trustee in a Deed of Trust. This is commonly performed when the current trustee resigns, can't or won't act on a foreclosure, reconveyance, etc.
45-1504. TRUSTEE OF TRUST DEED --- WHO MAY SERVE --- SUCCESSORS.
(1) The trustee of a trust deed under this act shall be:
(a) Any member of the Idaho state bar;
(b) Any bank or savings and loan association authorized to do business under the laws of Idaho or the United States;
(c) An authorized trust institution having a charter under chapter 32, title 26, Idaho Code, or any corporation authorized to conduct a trust business under the laws of the United States; or
(d) A licensed title insurance agent or title insurance company authorized to transact business under the laws of the state of Idaho.
(2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee. (2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee.
For use in Idaho only.
Important: Your property must be located in Gem County to use these forms. Documents should be recorded at the office below.
This Substitution of Trustee - for Deed of Trust meets all recording requirements specific to Gem County.
Our Promise
The documents you receive here will meet, or exceed, the Gem County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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