Assumption Agreement of Deed of Trust and Release of Original Mortgagors - Idaho 2025

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Foreclosure details: When your lender forecloses with a deed of trust, the process will usually take less time and money to complete. However, foreclosure with a mortgage can be a lengthy process since you must go through the courts. Therefore, it can eat up a lot of time and money.
A deed of trust is an agreement between a home buyer and a lender at the closing of real property. The deed of trust, sometimes called a trust deed, 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.
Although about 60% of the US states are mortgage states, Idaho is considered a deed state. A deed of trust is an agreement between a beneficiary, grantor, and trustee. A deed is signed to a trustee as a form of security to ensure that the performance of obligation is fulfilled.
This legal document enables a buyer to assume responsibility for the sellers mortgage under the same terms and conditions, offering several financial and logistical benefits. If youre considering an assumption deed as part of your property transaction, heres what you need to know.
Like a mortgage, a trust deed makes a piece of real property security (collateral) for a loan. If the loan is not repaid on time, the lender can foreclose on and sell the property and use the proceeds to pay off the loan. A trust deed is not used to transfer property to a living trust (use a Grant Deed for that).

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An Assumption Deed is a document used to transfer ownership of real estate property when the new owner assumes an existing mortgage on the property being transferred. Additionally, the new owner agrees to comply with all provisions of the existing mortgage, including making payments to the mortgage company.
Yes, you can sell a home with a Deed of Trust. However, just like a mortgage, if youre selling the home for less than you owe on it, youll need approval from the lender.

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