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A deed of trust is needed when a traditional lending service (i.e., a bank) is not being used or when certain states require deeds of trust instead of mortgages. Whether you have a deed of trust or a mortgage, they both serve to assure that a loan is repaid, either to a lender or an individual person.
A deed of trust may convey both real property or some interest therein and personal property or only real property or some interest therein or only personal property in order to secure a debt.
It guarantees a real estate transaction between a lender and a borrower. A Deed of Trust definition is most easily expressed as an agreement between a borrower, a lender and a third party known as the Trustee. Deeds of Trust work in a simple manner: a lender gives money to a borrower for a home purchase.
The Trustee in a Deed of Trust is the party who holds legal title to the property during the life of the loan. Trustees will most often have one of two jobs. If the property is sold before the loan is paid off, the Trustee will use the proceeds from the sale to pay the lender any outstanding portion of the loan.
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.
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In Colorado, the Public Trustee processes releases of Deeds of Trust upon payoff or re-finance of a property loan. Recording the release of the corresponding Deed of Trustee lien signifies that the lien is satisfied.
Start Deed of Trust StateMortgage allowedDeed of trust allowedArizonaYYArkansasYYCaliforniaYColoradoY47 more rows
(1) Except as provided in sections 38-39-202 and 38-39-204, any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due as shown by such mortgage or deed of trust recorded in the
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.
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.

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