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A California borrower pays off their deed of trust, but the trustee fails to record a reconveyance within the required timeframe. Under California law, what penalty does the trustee face?

Correct Answer

A) The trustee may be liable for a penalty of $300 and actual damages incurred by the trustor

Under California Civil Code §2941(d), if the trustee fails to execute and record a full reconveyance within the statutory period after receiving the request and payoff, the trustee may be liable for a penalty and any actual damages suffered by the trustor.

Answer Options
A
The trustee may be liable for a penalty of $300 and actual damages incurred by the trustor
B
The trustee automatically forfeits their bare legal title and the deed of trust is void
C
The county recorder can unilaterally remove the deed of trust from the record
D
The trustee faces no penalty as long as the reconveyance is eventually recorded

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Related Topics & Key Terms

Key Terms:

reconveyancetrustee_penaltyCivil_Code_2941payoff

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