A title examiner finds a recorded deed of trust which has not been released on the margin. He does not find a recorded release deed. A perusal of the records, however, reveals that twenty-one years have elapsed from the maturity date of the note secured by the deed of trust. The title examiner adverses the trustee (or, as a short-cut, the grantor of the deed of trust), but does not find a record conveyance from the trustee. May the title examiner safely ignore the deed of trust?
Harry L. Snead Jr.,
Does Virginia Have a Title-Quieting Statute Applicable to Deeds of Trust?,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol1/iss1/7