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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.
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.
With a deed of trust, the lender gives the borrower the funds to make the purchase. The borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrowers promise to pay. At this point, the borrower transfers the real property interest to the trustee.
A deed of trust is a legal agreement thats similar to a mortgage, which is used in real estate transactions. 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.
In a deed of trust, a trustor is the borrower and the trustee is a third party that holds the propertys title. The trustee is entrusted with the title and the right to sell the property if the trustor defaults on the loan.
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A promissory note is a kind of IOU thats secured by property, often property that the borrower owns. This type of loan secures the repayment from the borrower by coupling the deed of trust with the promissory note. The deed of trust acts as a promise from the borrower to repay the loan.
1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.
The Note is signed by the people who agree to pay the debt (the people that will be making the mortgage payments). The Deed and the Deed of Trust are signed by those who will own the property that is being mortgaged.
If your name is on the deed but not on the mortgage, your position is actually advantageous. The names on the deed of a house, not the mortgage, indicate ownership. Its the deed that passes real estate ownership from one entity to another.
A deed of trust is an agreement between a home buyer and a lender at the closing of a property. It states that the home buyer will repay the loan and that the mortgage lender will hold the legal title to the property until the loan is fully paid.

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