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Virginia - Smyth County Deed of Trust and Promissory Note Forms

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Form Package
Deed of Trust and Promissory Note
State
Virginia
Area
Smyth County
Price
$21.97
Delivery
Immediate Download

Payment Information

Included Forms

All Smyth County specific forms and documents listed below are included in your immediate download package:


Smyth County Deed of Trust Form Page 1

Deed of Trust Form - Smyth County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/16/2021

Smyth County Deed of Trust Guidelines Page 1

Deed of Trust Guidelines - Smyth County

Line by line guide explaining every blank on the form.
Included document last updated 11/25/2021

Smyth County Completed Example of the Deed of Trust  Page 1

Completed Example of the Deed of Trust - Smyth County

Example of a properly completed form for reference.
Included document last updated 2/26/2021

Smyth County Promissory Note Form Page 1

Promissory Note Form - Smyth County

Note that is secured by the Deed of Trust.
Included document last updated 10/21/2021

Smyth County Promissory Note Guidelines Page 1

Promissory Note Guidelines - Smyth County

Line by line guide explaining every blank on the form.
Included document last updated 10/20/2021

Smyth County Completed Example of the Promissory Note Document Page 1

Completed Example of the Promissory Note Document - Smyth County

Example of a properly completed form for reference.
Included document last updated 10/19/2021

Smyth County Subordination Agreements Page 1

Subordination Agreements - Smyth County

Used to place priority on claim of debt. Included are 4 clauses for unique situations. If needed, add to Deed of Trust as an addendum or rider.
Included document last updated 3/12/2021

Smyth County Annual Accounting Statement Page 1

Annual Accounting Statement - Smyth County

Mail to borrower for fiscal year reporting. (A request for payoff information under this section may be made one time within a 12-month period without charge) (6.2-418)
Included document last updated 3/3/2021

Included Supplemental Documents

The Following Virginia and Smyth County supplemental forms are included as a courtesy with your order.


Certificate of Transfer Form (Virginia Document)


Virginia Land Record Cover Sheet - Information (Virginia Document)


VA Circuit Court Deed Fee Schedule (Virginia Document)


Certificate of Acknowledgment (Virginia Document)


Jurat (Virginia Document)


Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Smyth County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smyth County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Deed of Trust and Promissory Note Forms:

  • Smyth County

Including:

  • Atkins
  • Chilhowie
  • Marion
  • Saltville
  • Sugar Grove

What is the Virginia Deed of Trust and Promissory Note?

A Deed of Trust (DOT), is a document that conveys title to real property to a trustee as security for a loan until the grantor (borrower) repays the lender according to terms defined in an attached promissory note. It's similar to a mortgage but differs in that mortgages only include two parties (borrower and lender).
In the Commonwealth of Virginia, a Deed of Trust is the most commonly used instrument to secure a loan. Foreclosure can be done non-judicially, saving time and expense. This process is called a Trustee Sale.
There are three parties in this Deed of Trust:
1- The Grantor (Borrower)
2- Beneficiary (Lender) and a
3- Trustee (Neutral Third Party) (Our guidelines will show how to choose a Trustee at little to no cost)
Basic Concept. The Trustor (Borrower) conveys property title to a Trustee (Neutral Party). A Trustee or beneficiary/Lender can take an action against any person for damages.

Due on Sale Clause: It allows the lender to call or modify the loan if the borrower conveys/sells the property. ("Notice - The debt secured hereby is subject to call in full or the terms thereof being modified in the event of sale or conveyance of the property conveyed.") Required format where (any loan is secured by a mortgage or deed of trust on real property comprised of one- to four-family residential dwelling units.) (VA. Revised Statutes 6.2-417)

These forms are flexible, they can be used for financing residential property, agricultural property, rental property, condominiums, and or small office buildings, with or without existing liens and encumbrances.

A "Special Provisions" section is included for any information specific to your transaction.

The Promissory Note offers options of financing, conventional installments, or installments combined with a balloon payment, common with Owner Financing transactions. Late Charges and Default rates are set within.
(Any lender or seller may impose a late charge for failure to make timely payment of any installment due on a debt, whether installment or single maturity, provided that such late charge does not exceed five percent of the amount of such installment payment and that the charge is specified in the contract between the lender or seller and the debtor.) (6.2-400 (B))

In addition to any other remedies available to Lender if this Note is not paid in full at the Maturity Date, Borrowers shall pay to Lender an Overdue Loan Fee, which fee shall be due at the time this Note is otherwise paid in full. The "Overdue Loan Fee" shall be determined based upon the outstanding principal balance of this Note as of the Maturity Date and shall be:
(a) one percent (1.0%) Of such principal balance if the Note is paid in full on or after thirty (30) days after the Maturity Date but less than sixty (60) days after the Maturity Date, or
(b) two percent (2.0%) of such principal balance if the Note is paid in full on or after sixty (60) days after the Maturity Date.

A Deed of Trust secured by a Promissory Note that includes stringent default terms, can be advantageous to the Lender and favorable to Owner Financing.

For use in the Commonwealth of Virginia only.

Our Promise

The documents you receive here will meet, or exceed, the Smyth County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Smyth County Deed of Trust and Promissory Note form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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Review: The Quit Claim Deed for the state of Ohio worked for me, saving me the cost of an attorney doing it. O.K., maybe that wouldn't have amounted to more than a few hundred dollars, but anywhere I thought I could save money (and learn something new on top of it) is something I want to do. That said, be forwarned. While I'm not an attorney I'm not averse to spending many hours researching the lingo found in this kind of form and thoroughly understanding exactly how everything has to be filled in. I should add that my ex-wife and I remain friends and she was the one giving me the property/house (thus, technically I filled out the forms on her behalf). Because there was no personal conflict, it made it easier to undertake. Lastly, what others have said about the county office where you must file a Quit Claim Deed not being helpful, that's true in the sense that they do not want to be instructing non-attorneys on filling out the necessary forms. I did take a preliminary draft set of the forms to the county office but was VERY CAREFUL about explaining that I only needed a couple of questions answered about procedure for submitting the final documents. They were helpful once I made it clear I wasn't asking them for "legal advice". And their help was critical as the final submittals requires stopping at three different offices (MapDocuments, Auditor and finally the Recorder's office). So I say thank you to Deeds.com. Their service for the Quit Claim Deed was invaluable.

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