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Overview

What is document custody?

Document custody is the secure holding of original or critical legal documents related to a private loan or agreement. When a note is serviced through NoteServ, the associated documents can be held by Document Custody Services, LLC with specific release instructions tied to account conditions.

This is particularly useful for investors and note holders who want a neutral third party to hold documents like Deeds in Lieu of foreclosure, releases, or the original promissory note until certain conditions are met, such as full payoff of the loan.

Document custody is not required to use NoteServ's servicing. It is an optional, adjacent service available to clients who want structured document management alongside their serviced accounts.

Document Types

What documents can be held.

Document Custody Services, LLC can hold a range of documents related to private lending and seller-financed agreements.

Deeds in Lieu of Foreclosure

Pre-signed deeds held in custody with instructions to record if specific default conditions are met according to the agreement terms.

Releases & Satisfactions

Release of mortgage, satisfaction documents, or similar filings held until the account is confirmed paid in full through NoteServ's servicing records.

Original Promissory Notes

The original signed promissory note held securely with controlled access and release instructions defined by the note holder.

Estoppel Affidavits

Estoppel certificates and affidavits held alongside the serviced account to support future transactions, refinances, or sales of the note.

Other documents may also be eligible for custody. If you have specific documents that need secure holding with controlled release instructions, describe them in the intake form and our team will confirm whether they fall within custody scope.
Process

How document custody works.

Request custody at intake

When submitting the NoteServ intake form, select "Document Custody" or "Both" under your service request. Identify which documents need to be held and any specific release conditions.

Documents received and cataloged

Original documents are received, verified, and securely stored by Document Custody Services, LLC. Each document is cataloged and linked to the corresponding serviced account in NoteServ.

Release instructions defined

The note holder provides specific release conditions. Common triggers include full payoff, default conditions, or written authorization from the note holder. Instructions are documented and confirmed before custody begins.

Controlled release when conditions are met

When a trigger condition is met (such as the account being confirmed paid in full through NoteServ's records), documents are released according to the agreed instructions. Release typically goes to an attorney, escrow company, or title company for recording or filing.

Payoff & Release

What happens when a loan pays off.

When a loan or agreement is paid in full, NoteServ confirms the payoff using its servicing records and issues an official Paid-in-Full Confirmation. This confirmation verifies that all amounts due under the agreement have been satisfied.

From there, the appropriate release documents (such as a Release of Mortgage, Satisfaction, or similar filing) are typically prepared and recorded by an attorney, escrow company, or title company depending on the state.

If documents are being held through Document Custody Services, LLC, they are released according to the agreed instructions once the account is confirmed paid in full.

Important

Relationship between NoteServ and Document Custody Services.

NoteServ Loan Servicing

Administrative loan servicing for private notes. Includes payment processing, statements, ledger tracking, ACH automation, and account management.

Invoiced by NoteServ.

Document Custody Services, LLC

Secure document storage, controlled access, and release instructions for documents related to serviced accounts. Operates as a separate legal entity.

Invoiced separately by Document Custody Services, LLC.

Document Custody Services, LLC is a separate entity from NoteServ. If you choose to use Document Custody Services, a separate invoice will be issued alongside your NoteServ servicing invoice. The two services work together but are managed and billed independently.
Get Started

Need servicing and custody together?

Select "Both" on the intake form to request loan servicing and document custody in a single submission.