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Who keeps the original deed of trust?
As you stated in your question, it is recorded among the land records, and your lender keeps the original. When you pay off the loan, the lender will return the deed of trust with the promissory note.
Who keeps deed of trust?
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.
Who is the beneficiary on a deed of trust?
A Deed of Trust is a three party document prepared, signed and recorded to secure repayment of a loan. The Borrower (property owner) is named as Trust or, the Lender is called the Beneficiary, and a third party is called a Trustee.
Who signs the assignment of deed of trust?
When your mortgage lender decides he wants to sell your mortgage loan to another lender, your mortgage lender will sign an assignment of deed of trust in favor of the new lender. This assignment gives the new lender the same lien on your property that your original lender had under the mortgage loan.
Is a deed of trust a lien?
Deed of Trust: the Similarities. On an overall level, both documents function in the same way: that is, they secure repayment of the loan by placing a lien on a property. A lien gives rights to the lender that, unless the property is paid, the lender has a right to sell that property.
Does a deed of trust need a trustee?
If you use a deed of trust, either to purchase real estate or to borrow money using your property as collateral, a proper trustee must be part of the transaction. Most states that commonly use deeds of trust instead of mortgages have laws regarding the qualifications of the trustee.
Who can be trustee on deed of trust?
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.
What is the purpose in having a trustee in a deed of trust?
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.
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