What is a trust deed? A trust deed is also known as a deed of trust. It is a document that is used in real estate transactions when one party takes out a loan from another party to buy real estate. The trust deed represents the agreement between the lender and the borrower to have the property held in a trust by a neutral third party until the loan is paid in full.
Trust deeds are less common than they used to be in the past. Trust deeds are quite common in states like Arizona, California, Colorado, and Texas. Some states allow both trust deeds and mortgages.
In financed real estate transactions, a trust deed transfers the title to a third party called the trustee. The trustee is typically an attorney, a bank, or a title company. The trustee holds on to the title until the borrower has paid the debt back to the lender.
The purchase of a home or commercial business is a real estate transaction. The lender gives money to the borrower in exchange for a promissory note that is linked to a trust deed. The deed transfers the legal title to the real property to an impartial party (the trustee). Trust deeds take the place of traditional mortgages.
The trustee holds onto the legal title until the debt is paid in full by the borrower. Then the title to the property becomes the borrowers. If the borrow defaults on the loan, the trustee begins foreclosure and takes control of the property
Although trust deeds and mortgages are similar, they do have important differences.
Trust deeds and mortgages are used in loans for creating a lien on real estate. They are both recorded as a debt where the property is located. While a mortgage involves two parties, the borrower and the lender, a trust deed involved three parties. The borrower (trustor), the lender (beneficiary), and the trustee are all significant in trust deeds. However, contrary to popular belief a mortgage is not a loan to buy a property. Instead, it is an agreement to use the property as collateral for the loan. Trust deed and mortgages have very different foreclosure procedures. A trust deed uses a nonjudicial foreclosure which does not require a court to be involved while a mortgage uses a judicial foreclosure which means the lender sues the borrower. Once the lender has control of the property, they typically sell the property at an auction.
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About: Dennis has been working in the real estate industry in some capacity for the last 40 years. He purchased his first property when he was just 18 years old. He quickly learned about the amazing investment opportunities provided by trust deed investing and hard money loans. His desire to help others make money in real estate investing led him to specialize in alternative funding for real estate investors who may have trouble getting a traditional bank loan. Dennis is passionate about alternative funding sources and sharing his knowledge with others to help make their dreams come true. Dennis has been married to his wonderful wife for 43 years. They have 2 beautiful daughters 5 amazing grandchildren. Dennis has been an Arizona resident for the past 40 years.
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