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A deed of trust is a legal document that is the security for a real estate loan. The document itself is recorded with the county recorder or registrar of titles in the county where the real estate is located.
The Oregon Trust Deed Act (OTDA) requires lenders to record all deed of trust assignments before initiating nonjudicial foreclosures.
The Oregon Trust Deed Act allows the lender to assigns a deed to a third-party (trustee). The trustee must be one of the following: An attorney under the Oregon State Bar. A law firm under the Oregon State Bar.
Both are dictated by state laws. In some states, only a mortgage is legal. In others, lenders can only use a deed of trust. A few states (like Alabama and Michigan) allow both. If your state allows both types of contracts, its up to your lender to choose which type you receive.
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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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.
A trust deed is similar to a mortgage but usually gives the security holder a right of sale. This right of sale allows the security holder to foreclose on the property without having to file a lawsuit in court. This process is called foreclosure by advertisement and sale and is found in ORS 86.735.
In Alabama, Arizona, Arkansas, Illinois, Kentucky, Maryland, Michigan, Montana and South Dakota, the lender has the choice of either a mortgage or deed of trust. In any other state, you must have a mortgage.
Start Deed of Trust StateMortgage allowedDeed of trust allowedOhioYOklahomaYOregonYPennsylvaniaY47 more rows
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.

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