Keeping a current deed of trust is important for anyone who owns property in Mississippi. Amending the legal description of a deed of trust is best handled by legal counsel, since the repercussions of an illegal or inadequate deed of trust can cause unnecessary problems. Once the original is recorded with the local county recorder's office, all amendments must be recorded there as well. Since drafting legal language can be confusing, an attorney who is familiar with real estate law can best facilitate the process.

Deeds of Trust

The deed of trust is a document that provides the security for a mortgage loan on property. It is a requirement that the document be recorded in the public records of the state in which the property exists. The deed of trust is a legal instrument identifying the original loan amount, the legal description of the property, the parties who are securing the mortgage, the loan inception and maturity date, the provisions and requirements of the mortgage, specified late fees, legal procedures, acceleration and alienation sections and any rider clauses, such as prepayment penalties or adjustable-rate mortgage terms. A deed of trust contains the following parties--the trustor, which is you, the borrower; the trustee, an entity holding "bare or legal" title; and the beneficiary, who is the lender of the mortgage loan.

Amending the Legal Description

You can consider various methods for amending the legal description on the deed of trust. Using a document-review and recording service can provide legal services at a savings. Using a service is beneficial for ensuring that the description conforms with Mississippi legal requirements and that it is suitable for recording. Attorney services can help guide in the recording requirements at the county recorder office. They can ensure that conformation numbers and copies of the deed are obtained. Usually, their service includes advancing recording fees, which can be confusing to figure out.

Legal Counsel

Another option is to find legal counsel in Mississippi that specializes in real estate. Several resources can help you find a competent real estate attorney. Check the State Bar of Mississippi to find a suitable lawyer. Free Legal Aid Mississippi can also be a good place to find legal referrals and resources. Usually, the cost of amending the legal description on a deed of trust is minimal, as is having the document recorded. Other legal directories in your area can provide legal resources with information about the lawyers that will specialize in handling real estate and deed recording.

Recorder's Office

Once the deed is amended, it will need to be filed with the Mississippi county recorder's office. Fees can vary, so it is a good idea to thoroughly research all of the requirements. You can also obtain information from the county recorder's office on the phone, from the web site and by visiting in person.

Source:

Mississippi Lawyers Legal Forms Bank

Lawyers

Real Market

Resource:

Free Legal Aid Mississippi