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What is the difference between a deed of trust and a deed?

Both a warranty deed and deed of trust are used to transfer the title of a property from one person to another. However, the difference between these two contracts is who is protected. As you now know, a deed of trust protects the beneficiary (lender). A warranty deed, on the other hand, protects the property owner.

Can a deed of trust be broken?

It is designed to safeguard against misunderstandings, disagreements, and people changing their minds, and as such it is not easily changed. That being said, circumstances do change, and if all parties who signed the original document give their consent then the Declaration of Trust can be amended or rewritten.

Why do people use a deed of trust?

A Deed of Trust is an agreement between a borrower, a lender and a third-party person whos appointed as a Trustee. Its used to secure real estate transactions where money needs to be borrowed in order for property to be purchased.

Do promissory notes hold up in court?

Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.

Is a deed of trust the same as a promissory note?

Deed of Trust Versus Promissory Note A deed of trust often requires a promissory note, but the promissory note is a specific document type. While a deed of trust describes the terms of debt as secured by a property, a promissory note acts as a promise that the borrower will pay the debt.

How long can a deed of trust last?

A trust deed is a legal agreement between you and your creditors to pay back part of what you owe over a set period. This is usually four years, but may vary.

How many pages is a deed of trust?

There are two basic types of Deeds of Trust, the Long Form and the Short Form. The Long Form, which could be 20-30 pages long, is the one used by institutional lenders. The Short Form is the one that is most usually prepared by your Escrow Officer.

What is a deed of trust for dummies?

A deed of trust is an agreement between a home buyer and a lender at the closing of a property. The agreement states that the home buyer will repay the home loan and the mortgage lender will hold the propertys legal title until the loan is paid in full.

What is the difference between a deed of trust and a deed?

Both a warranty deed and deed of trust are used to transfer the title of a property from one person to another. However, the difference between these two contracts is who is protected. As you now know, a deed of trust protects the beneficiary (lender). A warranty deed, on the other hand, protects the property owner.

What is a deed of trust for dummies?

A deed of trust is an agreement between a home buyer and a lender at the closing of a property. The agreement states that the home buyer will repay the home loan and the mortgage lender will hold the propertys legal title until the loan is paid in full.

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