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Geography. Each county recorder maintains the property records for all property located in that county. Therefore, the deed of trust must be filed with the county recorder located in the same county where the collateral identified under the trust deed is located.
A deed of trust is normally recorded with the recorder or county clerk for the county where the property is located as evidence of and security for the debt. The act of recording provides constructive notice to the world that the property has been encumbered.
Using an attorney means that the trust will be completed correctly, but the associated fees can greatly increase the cost of creating a living trust. The average cost for an attorney to create your trust ranges from $1,000 to $1,500 for an individual and $1,200 to $1,500 for a couple.
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. As security for the promissory notes, the borrower transfers a real property interest to a third-party trustee.
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,
A deed of trust is a legal document that often takes the place of the traditional mortgage document. Because of legal filing requirements relating to the deed of trust, the deed of trust is a public document that anyone can get a copy of.
The deed of trust identifies the following: The original loan amount. A legal description of the property that's used as security or collateral for the mortgage. The names of partiestrustee, trustor, and beneficiary.
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.
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