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What is a deed of trust on a property?

In real estate in the United States, a deed of trust or trust deed is a deed wherein legal title in real property is transferred to a trustee, which holds it as security for a loan (debt) between a borrower and lender. ... The borrower is referred to as the trustor, while the lender is referred to as the beneficiary.

How does a deed of trust work?

A Deed of Trust is essentially an agreement between a lender and a borrower to give the property to a neutral third party who will serve as a trustee. The trustee holds the property until the borrower pays off the debt. ... Deeds of Trust are not as common as they once were.

Is a deed of trust public record?

State law also requires that a copy of the deed of trust be recorded in the county recorder's office. The county recorder is a public servant who indexes and files all documents related to real estate.

How do you get a deed of trust?

Request loan paperwork from your lender. The lender can provide copies of the documents signed at closing. ... Ask the mortgage broker for copies of your documents. ... Contact the title company for a copy of the deed of trust. ... Search the county recorder's records. ... References (4) ... Resources (2) ... About the Author.

Can you sell a house with a deed of trust?

A mortgage deed of trust is simply a legal document used by a lender to secure debt on a property. It is generally signed by three parties - the lender or bank, the borrower or borrowers and a trustee. ... One simply shows an owner has the ability to sell and the other concerns a lien on the property.

Is a deed of trust legally binding?

Answer: Sometimes known as a deed of trust, a declaration of trust is a legally binding document which confirms or declares that two or more people own a property as tenants in common; that they hold the property on trust for themselves, and details the financial arrangements between them and/or anyone else who has a ...

What happens when a deed of trust is paid off?

Once your loan is paid off, make sure you receive the canceled documents back from the lender. Frequently, lenders will mail the canceled note and mortgage (or trust deed) back to the borrower. ... In the case of a deed in trust, the release from the lender releases the deed back to the homeowner.

What is a release of deed of trust?

A Release of Deed of Trust is a written request by the mortgage company or lender, their agent or attorney or a title insurance company to the Public Trustee. The purpose of the release is to remove all or a portion of the property from the lien created by a Deed of Trust.