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Substitute trustee

A trustee the lender appoints to replace the one named in the deed of trust, usually to run the foreclosure sale.

A deed of trust names a trustee: the party with the power to sell the property if the loan isn't paid. Years later, that original trustee may be long gone or have nothing to do with the loan, so lenders appoint a substitute trustee to take over.

Texas. Substitute trustees run most Texas foreclosure sales, which is why notices are usually titled "Notice of Substitute Trustee's Sale." The lender or its servicer can appoint one by power of attorney, corporate resolution or another written instrument, and a servicer can authorize its attorney to make the appointment. Notices often name several substitute trustees. Their names and a street address have to appear on the notice of sale, and Texas law says a trustee or substitute trustee isn't a debt collector. How Texas foreclosure works

California. The lender signs a substitution of trustee and records it with the county; once it's recorded, the new trustee takes over all the original trustee's powers. It's often recorded around the same time as the notice of default. If the substitution comes after the notice of default, copies have to be mailed to the people who were entitled to that notice. How California foreclosure works

Either way, the substitute trustee is the one to contact about a sale's status.

Related terms

All glossary terms

Sources

  • Texas Property Code § 51.0075
  • California Civil Code § 2934a