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Aug 6th, 2022
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How to Correct answer in the Deed of Trust Template

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- Hey everyone, my name is Paul Vojchehoske and welcome to the Real Estate Classroom YouTube channel. Before we get started, please do me a favor. Give this video a thumbs up, hit that red subscribe button and click on the notification bell. In todays video were gonna discuss whats called a deed of trust, or sometimes called a trust deed, depending on what part of the country youre operating in. Now, I did a previous video on, excuse me, the promissory note and a mortgage. A promissory note, the mortgage, and a deed of trust all kinda go hand in hand together. So if you have not watched that video yet, I highly recommend that you go watch that video first, then come back to this one. That will make this video make so much more sense. And Im gonna put a link right up here in the upper right hand corner of your screen to that video. So thats my recommendation. All right, so are you ready? Lets talk about deeds of trust in this video. (upbeat music) So what is a deed of trust? Well

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Each deed is made up of four distinct parts: premises, habendum clause, warranties, and testimonium. While it is not essential to date a deed, it is good practice to do so because it may and likely will prevent future questions concerning when the deed was delivered.
Generally, the trustee must be an attorney, title insurance company, trust company, bank, savings and loan, credit union, or other company specifically authorized by law to serve as a trustee. Other states have no limitations. Colorado has a public trustee designated in each county for this purpose.
The due-on-sale clause allows the lender to require immediate repayment of the mortgage balance when the mortgaged property is sold or transferred. Since a mortgage is a type of encumbrance or lien, lenders are automatically notified when a property that secures a loan is transferred.
Deeds of trust are used in financed real estate transactions: that is, when someone borrows money to buy real estate. During such a transaction, a lender gives the borrower money in exchange for one or more promissory notes linked to a deed of trust.
The term clause identifies a particular section of a contract. Real estate contracts use many types of clauses that you could see on your real estate exam.
over to the Trustees mentioned hereunder, is hereby acknowledged by the Trustees, who hereby accept the appointment as such Trustees of the said Trust, under the terms and conditions, set out hereunder for the fulfillment of the objects of the Trust, more fully and particularly described and set out hereunder.
Deeds of trust almost always include a power-of-sale clause, which allows the trustee to conduct a non-judicial foreclosure - that is, sell the property without first getting a court order.
The power of sale clause in a mortgage note states that the lender has the power to sell the property in the case of a homeowners default. In other words, it gives your lender the right to sell your home and use the proceeds to pay your outstanding balance if you fail to pay your mortgage.

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