In the United States, a trust deed is a legal instrument that creates a security interest in real property. It transfers the legal title to the real property to a trustee, who then holds the property as collateral for a loan. Those who create trusts can transfer their assets to a beneficiary or make a gift to them. Here are some examples of trust deeds. You may want to review the terms of a trust deed carefully.
A trust deed is the most common type of financing for a real estate purchase in California and most other states. In a trust deed, the owner transfers property title to a trustee, typically a title company. The trustee holds the title as collateral for the loan, and when the loan is paid off, the property title returns to the borrower. Unless the borrower defaults on their loan payments, the trustee will remain out of the transaction. If the borrower defaults, the trustee has the option of selling the property in nonjudicial foreclosure to recoup the loan.
A trust deed can be used to help protect the borrower from potential legal issues and protect the lender’s interest. While it may seem like a complicated and technical document, the trust deed is actually an agreement between two parties. The lender and borrower both agree that the property will be held in trust until the debt has been fully paid off. In this arrangement, the borrower retains the legal and equitable title to the property, while the trustee holds the legal title.
In states that allow them, trust deeds are an alternative to mortgages. This type of real estate loan agreement is signed with the loan documents. This type of loan is less common than a mortgage, but is still valid in 20 states in the U.S. The deed must serve its intended purpose and serve its purpose. In addition to being an alternative to mortgages, trust deeds may be used to secure a loan.
In addition to mortgages, trust deeds allow a lender to reclaim the home if borrowers do not repay the loan on time. A trust deed allows the lender to sell the property and pay off the remaining balance of the loan. While they share similar terms, they do have some differences. The lawyers at Talkov Law are familiar with the nuances of both. We can help you decide which type of deed is right for your situation.