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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.
Both the warranty deed and deed of trust are recorded with the county clerk or recorder. Generally, the lender sends the documents to be recorded after the closing. The recording fees are included in your closing costs. Typically, the lender will provide you with a copy of the deed of trust after the closing.
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 parties trustee, trust or, and beneficiary.
A deed of trust involves three parties: the trust or (the borrower) the lender (sometimes called a “beneficiary”), and. The trustee.
They are terms used when a promissory note is secured by property or real estate. The one major difference in some areas between the two is that the security deed is held by the lender whereas a trust deed is usually held by a third party.
Start with the tax assessor. All the information that most people will need or want to know about a deed will be on record with the county tax assessor, such as the current owner, sale dates, price history, and current valuation. Find the records section. Examine the record.
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.
If the borrower on a recorded mortgage defaults, the lender can foreclose and either be paid in full or receive the property. However, if a mortgage or deed of trust was not recorded, the lender cannot foreclose against the property, just against the defaulting borrower personally.
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