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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.
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. ... The trustee, however, holds the legal title to the property.
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 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.
A deed of trust expires can and will expire based upon one of two specific timelines. The deed can either expire at a designated point follow the maturity date or, in the absence of this information, exactly 35 years after the date on which the deed had been recorded.
In other states, state law requires the use of a deed of trust whenever the buyer is borrowing some or all of the money needed to finance their purchase of real estate. In approximately 15 states, either a mortgage or a deed of trust may be used to secure the lender's interest in a real property transaction.
Borrowers must agree to sign the deed of trust if they want the loan from that particular bank. A deed of trust addresses three parties: The trustor, who is the borrower. The trustee, which is the entity or individual who holds "bare or legal" title.
The person who owns the property usually signs a promissory note and a deed of trust. The deed of trust does not have to be recorded to be valid.
Know Trustee Duties The trustee's primary function is to hold and maintain a property title for the borrower and the lender for the duration of the loan. Therefore, it is the trustee who retains factual ownership and control of the property in question, not the lender.
The lender is the person or legal entity providing the loan to the borrower. The trustee is a neutral third-party who holds the legal title to a property until the borrower pays off the loan in full. They're called a trustee because they hold the property in trust for the lender.
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