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All Smyth County specific forms and documents listed below are included in your immediate download package:
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)
Including:
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.
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.
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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December 6th, 2021
Name: WJ H.
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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December 6th, 2021
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Review: Could have had Clerk's certification of mailing form after it is recorded. Not fatal, but I did have to resort to reading the statute as well.
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December 3rd, 2021
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Review: The packet I downloaded was complete and useful, and process was not unduly opaque. However, I would have liked to download the whole packet, about 6 files, all at one go. Still, the forms provided the complete solution to my situation.
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Review: Application is not well laid out. I guess it does the job but leaves a lot to be desired. Hard to follow
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