Clarke County Deed of Trust and Promissory Note Form (Virginia)
All Clarke County specific forms and documents listed below are included in your immediate download package:
Deed of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Clarke County compliant document last validated/updated 4/30/2024
Deed of Trust Guidelines
Line by line guide explaining every blank on the form.
Included Clarke County compliant document last validated/updated 6/13/2024
Completed Example of the Deed of Trust
Example of a properly completed form for reference.
Included Clarke County compliant document last validated/updated 8/22/2024
Promissory Note Form
Note that is secured by the Deed of Trust.
Included Clarke County compliant document last validated/updated 8/15/2024
Promissory Note Guidelines
Line by line guide explaining every blank on the form.
Included Clarke County compliant document last validated/updated 6/21/2024
Completed Example of the Promissory Note Document
Example of a properly completed form for reference.
Included Clarke County compliant document last validated/updated 6/26/2024
Subordination Agreements
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 Clarke County compliant document last validated/updated 7/31/2024
Annual Accounting Statement
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 Clarke County compliant document last validated/updated 6/4/2024
The following Virginia and Clarke County supplemental forms are included as a courtesy with your order:
When using these Deed of Trust and Promissory Note forms, the subject real estate must be physically located in Clarke County. The executed documents should then be recorded in the following office:
Circuit Court Clerk
102 North Church St / PO Box 189, Berryville, Virginia 22611-0189
Hours: Monday - Friday 9:00 am - 5:00 pm
Phone: (540) 955-5116
Local jurisdictions located in Clarke County include:
- Berryville
- Bluemont
- Boyce
- Millwood
- Paris
- White Post
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 Clarke 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 Clarke County using our eRecording service.
Are these forms guaranteed to be recordable in Clarke County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clarke County including margin requirements, content requirements, font and font size requirements.
Can the Deed of Trust and Promissory Note 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 Clarke County that you need to transfer you would only need to order our forms once for all of your properties in Clarke County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Virginia or Clarke 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 Clarke County Deed of Trust and Promissory Note 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.
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.
(Virginia DOT Package includes forms, guidelines, and completed examples) For use in the Commonwealth of Virginia only.
Our Promise
The documents you receive here will meet, or exceed, the Clarke 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 Clarke 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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