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Despite the foregoing Borrower shall not be required to make payments otherwise required by this section if Borrower after notice to Lender shall in good faith contest such obligation by or defend enforcement of such obligation in legal proceedings which operate to prevent the enforcement of the obligation or TD72-8-10. DEED OF TRUST Due on Transfer Strict Page 1 of 5 forfeiture of the Property or any part thereof only upon Borrower making all such contested payments and other payments as orde ...

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Is a deed of trust a second mortgage?

Second mortgages (or trust deeds) are often risker for lenders, because the primary loan has priority and gets paid first in the event of borrower default.

What is the difference between a deed and a mortgage?

To put simply, the deed is the legal document that proves who holds title to a property, while a mortgage is an agreement between a financial lender and borrower to repay the amount borrowed to purchase a home.

What is the first deed of a trust?

A first trust deed is often called a modern-day mortgage. The legal document gives the mortgage lender the legal right to foreclose on and sell your property if you default on the loan. A first trust deed has priority over all other mortgages or trust deeds on the property.

What is a 2nd trust deed loan?

A second trust deed is a loan recorded against real estate when the property already has an existing loan or mortgage. Second trust deed loans let the borrower take out an additional loan against the property while keeping the existing mortgage on the property as well.

What is the difference between a mortgage and a deed of trust?

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.

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What is the disadvantage of a deed of trust?

If your circumstances change any you are no longer able to make your payments, your Trust Deed may fail and you will still be liable for your debts or even forced into bankruptcy.

Is a deed of trust the same as a mortgage?

What is an example of a declaration of trust?

The most common example of when a declaration of trust is used is the situation where an adult son or daughter borrows money for a deposit on a first house from his or her parents. The parents may have a mortgage already, and the terms of that mortgage prevent them from borrowing under another.