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all right its time for another definition on the North Carolina real estate show and today we are talking about deed of trust what is the legal definition of a deed of trust it is a security instrument in which the borrower under a promissory note pledges real estate as security for repayment of the money to the lender thats a mouthful what does that really mean in plain language it means someone has borrowed money to buy a house and they have agreed that if they dont repay the money then the lender can foreclose and get the house if youre sitting at my closing table then you have heard me say in the past or you will hear me say when explaining this is it means if you dont pay you dont stay and you only get to keep the house if youre actually making the payments on it so the lender retains the right to take back that asset if youre not paying them the money that you borrowed so a deed of trust often gets confused with a deed theyre not the same thing deed is legal title to the