Deed of Trust
Deed of Trust
A Deed of Trust is a legal document used in real estate transactions, primarily as an alternative to a traditional mortgage. Key features include:
1. Involves three parties: borrower, lender, and trustee
2. Transfers legal title of property to a trustee
3. Trustee holds title as security for the loan
4. Allows for non-judicial foreclosure in case of default
5. Often used in states with streamlined foreclosure processes
6. Typically includes:
– Property description
– Loan terms
– Borrower’s obligations
– Power of sale clause
This document provides security for the lender while allowing the borrower to retain equitable title and use of the property. It can offer a faster, less expensive foreclosure process compared to traditional mortgages. However, it’s important for borrowers to understand their rights and obligations under a Deed of Trust, as the non-judicial foreclosure process can move quickly if payments are missed.