Custer County Substitution of Trustee and Deed of Full Reconveyance - for Trust Indenture/Deed of Trust Form

Custer County Substitution of Trustee and Deed of Full Reconveyance
Fill in the blank form formatted to comply with all recording and content requirements.

Custer County Substitution of Trustee and Deed of Full Reconveyance - Guidelines
Line by line guide explaining every blank on the form.

Custer County Substitution of Trustee and Deed of Full Reconveyance - Completed Example
Example of a properly completed form for reference.
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Additional Montana and Custer County documents included at no extra charge:
Where to Record Your Documents
Custer County Clerk / Recorder
Miles City, Montana 59301
Hours: 8:00 to 5:00 M-F
Phone: (406) 874-3343
Recording Tips for Custer County:
- Documents must be on 8.5 x 11 inch white paper
- Verify all names are spelled correctly before recording
- Ask if they accept credit cards - many offices are cash/check only
- Request a receipt showing your recording numbers
- Consider using eRecording to avoid trips to the office
Cities and Jurisdictions in Custer County
Properties in any of these areas use Custer County forms:
- Ismay
- Kinsey
- Miles City
- Volborg
Hours, fees, requirements, and more for Custer County
How do I get my forms?
Forms are available for immediate download after payment. The Custer 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 Custer County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Custer 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 Custer 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 Custer County?
Recording fees in Custer County vary. Contact the recorder's office at (406) 874-3343 for current fees.
Questions answered? Let's get started!
This form is initiated by the current beneficiary/lender, appoints a successor trustee who reconveys the Trust Indenture/Deed of Trust. This is typically performed when the loan/note has been paid in full/satisfied and the original trustee can't or won't reconvey the Trust Indenture/Deed of Trust in question.
71-1-306. Qualifications of trustee -- successor trustee.
(1) The trustee of a trust indenture under this part must be:
(a) an attorney who is licensed to practice law in Montana;
(b) a bank, trust company, or savings and loan association authorized to do business in Montana under the laws of Montana or the United States; or
(c) a title insurer or title insurance producer or agency authorized to do business in Montana under the laws of Montana.
(2) The beneficiary may appoint a successor trustee at any time by filing for record, in the office of the clerk and recorder of each county in which the trust property or some part of the trust property is situated, a substitution of trustee. The substitution must identify the trust indenture by stating the names of the original parties to the trust indenture and the date of recordation and the book and page where the information is recorded, must state the name and mailing address of the new trustee, and must be executed and acknowledged by all of the beneficiaries designated in the trust indenture or their successors in interest. From the time the substitution is filed for record, the new trustee is vested with all the power, duties, authority, and title of the trustee named in the trust indenture and of any successor trustee.
71-1-307 Reconveyance upon performance -- liability for failure to reconvey (1) Upon performance of the obligation secured by the trust indenture, the trustee, upon written request of the beneficiary or servicer, shall reconvey the interest in real property described in the trust indenture to the grantor. If the obligation is performed and the beneficiary or servicer refuses to request reconveyance or the trustee refuses to reconvey the property within 90 days of the request, the beneficiary, servicer, or trustee who refuses is liable to the grantor for the sum of $500 and all actual damages resulting from the refusal to reconvey.
(2) If a beneficiary or servicer has received a notice of intent to reconvey pursuant to 71-1-308 and has not timely requested a reconveyance or has not objected to the reconveyance within the 90-day period established in 71-1-308, the beneficiary or servicer is liable to the title insurer or title insurance producer for the sum of $500 and all damages resulting from the failure.
(3) In an action by a grantor, title insurer, or title insurance producer to collect any sums due under this section, the court shall award attorney fees and costs to the prevailing party.
For use in Montana only.
Important: Your property must be located in Custer County to use these forms. Documents should be recorded at the office below.
This Substitution of Trustee and Deed of Full Reconveyance - for Trust Indenture/Deed of Trust meets all recording requirements specific to Custer County.
Our Promise
The documents you receive here will meet, or exceed, the Custer 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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