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Loren, Lawyer
Category: Real Estate Law
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Experience:  30 years of real estate practice experience.
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Can a Lender enforce a Deed of Trust that has not been

Customer Question

Hello, can a Lender enforce a Deed of Trust that has not been signed by the Lender?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Loren replied 8 months ago.

They could not. The lender would need to produce a signed Deed of Trust in order to enforce the obligation.

Though, I would suspect if they have a Deed of Trust signed by a borrower, they will be able to "find" a fully executed D of T in their file if they need to.