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What is meant by deed of trust?

A deed of trust is a type of secured real-estate transaction that some states use instead of mortgages. See State Property Statutes. 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.

Why use a deed of trust instead of a mortgage?

Whereas a mortgage only involves the lender and a borrower, a deed of trust adds a neutral third party that holds rights to the real estate until the loan is paid or the borrower defaults.

Why does California use deed of trust?

Prior to payment of the debt, the lender was entitled to possession of the property. Use of the deed of trust with power of sale was developed to get around some of the restrictions of the mortgage and the required judicial foreclosure, a time consuming lawsuit.

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

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 states use deed of trust instead of mortgage?

Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia,

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