Upshur County Appointment of Substitute Trustee for Deed of Trust Form (Texas)
All Upshur County specific forms and documents listed below are included in your immediate download package:
Appointment of Substitute Trustee Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Upshur County compliant document last validated/updated 10/22/2024
Appointment of Substitute Trustee Guidelines
Line by line guide explaining every blank on the form.
Included Upshur County compliant document last validated/updated 9/5/2024
Completed Example of the Appointment of Substitute Trustee Document
Example of a properly completed form for reference.
Included Upshur County compliant document last validated/updated 10/7/2024
The following Texas and Upshur County supplemental forms are included as a courtesy with your order:
When using these Appointment of Substitute Trustee for Deed of Trust forms, the subject real estate must be physically located in Upshur County. The executed documents should then be recorded in the following office:
Upshur County Clerk
Courthouse - 215 N Titus St, 2nd floor / PO Box 730, Gilmer, Texas 75644
Hours: Monday - Friday 8:00am - 12:00 & 1:00 -4:30pm
Phone: (903) 843-4015
Local jurisdictions located in Upshur County include:
- Big Sandy
- Diana
- Gilmer
- Ore City
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 Upshur 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 Upshur County using our eRecording service.
Are these forms guaranteed to be recordable in Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur County including margin requirements, content requirements, font and font size requirements.
Can the Appointment of Substitute 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 Upshur County that you need to transfer you would only need to order our forms once for all of your properties in Upshur County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Texas or Upshur 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 Upshur County Appointment of Substitute 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 used to substitute a trustee in a Deed of Trust Document. This is frequently done when the Deed of Trust is in default and the current trustee can't or won't act. This document is executed by the Beneficiary/lender, assignee, representative, attorney or mortgage servicer.
"Substitute trustee" means a person appointed by the current mortgagee or mortgage servicer under the terms of the security instrument to exercise the power of sale. Sec. 51.0001.(7)
Sec. 51.0075. AUTHORITY OF TRUSTEE OR SUBSTITUTE TRUSTEE.
(a) A trustee or substitute trustee may set reasonable conditions for conducting the public sale if the conditions are announced before bidding is opened for the first sale of the day held by the trustee or substitute trustee.
(b) A trustee or substitute trustee is not a debt collector.
(c) Notwithstanding any agreement to the contrary, a mortgagee may appoint or may authorize a mortgage servicer to appoint a substitute trustee or substitute trustees to succeed to all title, powers, and duties of the original trustee. A mortgagee or mortgage servicer may make an appointment or authorization under this subsection by power of attorney, corporate resolution, or other written instrument.
(d) A mortgage servicer may authorize an attorney to appoint a substitute trustee or substitute trustees on behalf of a mortgagee under Subsection (c).
(e) The name and a street address for a trustee or substitute trustees shall be disclosed on the notice required by Section 51.002(b).
(f) The purchase price in a sale held by a trustee or substitute trustee under this section is due and payable without delay on acceptance of the bid or within such reasonable time as may be agreed upon by the purchaser and the trustee or substitute trustee if the purchaser makes such request for additional time to deliver the purchase price. The trustee or substitute trustee shall disburse the proceeds of the sale as provided by law.
(Texas Appointment of Substitute Trustee Package includes form, guidelines, and completed example) For use in Texas only.
Our Promise
The documents you receive here will meet, or exceed, the Upshur 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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