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Commonly Asked Questions about Deeds of Trust Documents

In title theory states, a mortgage is a transfer of legal title to secure a debt, while the mortgagor still retains equitable title. Which of the following documents accompanies the deed of trust? The promissory note is secured by a deed of trust or mortgage.
Expert-Verified Answer. The deed of trust is most closely associated with title theory states. A title theory state employs that a deed of trust instrument rather than a mortgage. In this theory the borrower has equitable title but does not keep the title of the property during the loan term.
A deed of trust will include the same type of information stated in a mortgage document, such as: The identities of the borrower, lender, and trustee. A full description of the property to be placed in trust. Any restrictions or requirements on the use of the property while it is in trust.
In California, there are three steps to getting a copy of a trust document: Make a written demand for a copy of the Trust and its amendments, if any; Wait 60 days; and. If you do not receive a copy of the Trust within 60 days of making your written demand, file a petition with the probate court.
A deed of trust, also called a trust deed, is the functional equivalent of a mortgage. It does not transfer the ownership of real property, as the typical deed does. Like a mortgage, a trust deed makes a piece of real property security (collateral) for a loan.
A deed of trust involves three parties: a lender, a borrower, and a trustee. The lender gives the borrower money. In exchange, the borrower gives the lender one or more promissory notes. As security for the promissory notes, the borrower transfers a real property interest to a third-party trustee.
The promissory note a legal instrument in which one party (the mortgagor or borrower) promises to pay the designated sum of money to another party (the lender or mortgagee). This is basically an IOU to your mortgage lender. This always accompanies the mortgage or deed of trust.