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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 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.
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.
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.
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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A mortgage involves only two parties: the borrower and the lender. A deed of trust has a borrower, lender and a trustee. The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.
Deed of Trust Versus Promissory Note A deed of trust often requires a promissory note, but the promissory note is a specific document type. While a deed of trust describes the terms of debt as secured by a property, a promissory note acts as a promise that the borrower will pay the debt.
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.
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.
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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