Bear with me! This is one of those questions that I know absolutely nothing about, but for some reason folks around here confuse CRCM with law degree! Anyway, Can an open-end deed of trust be modified? Thanks in advance for any assistance offered. - TJ

TJ,I consult on consumer compliance issues in Tennessee and have had similar questions. In this instance, it would appear that the bank wishes to change it's existing security instrument without jeopardizing its lien status. I believe I would have to refer to, or defer to the advise of, the attorney at the title company who would be much more experienced and knowledgable on these types of issues. After all, the title company will be issuing, or has originally issued, the opinion or insurance anyway; the bank might as well seek it's input at the front end.

Patrick T. Hubbs, CRCM, CBCO

Thanks for your input!

I don't think so.

The short answer is...Yes...Refer to your existing deed of trust and it will probably state that it covers all extensions, renewals and modifications. You may need to record the modification if the new maturity date exceeds the statutory limit.....

Yes, an open-end deed of trust can be modified. Having made that statement, it would be helpful to know the type of terms and/or conditions to be modified in order to give a definitive answer for a specific situation.