Gem County Substitution of Trustee - for Deed of Trust Form (Idaho)
All Gem County specific forms and documents listed below are included in your immediate download package:
Substitution of Trustee Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Gem County compliant document last validated/updated 4/30/2024
Guidelines for Substitution of Trustee Form
Line by line guide explaining every blank on the form.
Included Gem County compliant document last validated/updated 11/7/2024
Completed Example of the Substitution of Trustee Document
Example of a properly completed form for reference.
Included Gem County compliant document last validated/updated 9/25/2024
The following Idaho and Gem County supplemental forms are included as a courtesy with your order:
When using these Substitution of Trustee - for Deed of Trust forms, the subject real estate must be physically located in Gem County. The executed documents should then be recorded in the following office:
Gem County Clerk-Auditor-Recorder
415 East Main St, Emmett, Idaho 83617-3096
Hours: 8:00 a.m. – 5:00 p.m. Monday-Friday
Phone: (208) 365-4561
Local jurisdictions located in Gem County include:
- Emmett
- Letha
- Ola
- Sweet
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Gem County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Gem County using our eRecording service.
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 the Substitution of Trustee - for Deed of Trust 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 Gem County that you need to transfer you would only need to order our forms once for all of your properties in Gem County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Idaho or Gem County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Gem County Substitution of Trustee - for Deed of Trust 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.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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.
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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