Trust Deeds work the same way as home mortgages, acting as a loan with a lien on the home until the loan is paid in full. Trust Deeds are slightly different then mortgages and each state differs on if they use mortgages or Trust Deeds.
Trust Deeds, also referred to as Deeds of Trust, are sometimes preferred over mortgages since they last for only a few years instead of decades like most mortgages. Trust Deeds also require three entities where mortgages need two, and rely on a non-judiciary foreclosure method which eliminates the need of the courts. The three parties needed for a Deed of Trust are the Trustee, Trustor, and Beneficiary.
The Trustee is responsible for the deed to the home or property and will relinquish the deed to the Trustor when payments are complete, or to the Beneficiary should the Trustor fail to make all payments. Should the Trustor fail to make payments then the home will go into foreclosure. Unlike mortgages, Deed of Trusts do not rely on the courts for the foreclosure procedures which eliminates much of the time and hassle often involved in these cases.
To establish a Deed of Trust you will need two forms the Promissory Note and the Deed of Trust itself. These two documents are crucial to the process of receiving the loan and understanding the terms and conditions of the agreement.
The Promissory Note is a written promise signed by the Trustor acknowledging the loan and the debt. The Promissory Note will have the sum of the loan along with the interest rate, which the loan is to be paid back at, and the amount of the monthly payments. The Promissory Note will remain in the Beneficiary’s possession so you will want a copy on the day of the signing.
The Deed of Trust itself transfers the title to the Trustee for the remainder of the debt. Trustors are advised to find a third party Trustee that will act in the best interest of both the Beneficiary and the Trustor. There are several companies and organizations willing to act as Trustee in Deeds of Trust cases. Whoever holds the title to the property will be able to sell the home should payments go into default in order to recover the money lost.
These forms, the Promissory Note and the Deed of Trust form, can be found in several locations on the internet, either for free or for a small fee. Most of these documents accurately represent what the actual state approved documents look like and are a great way to acclimate yourself to the terminology and appearance of the forms. Your lender will also have the forms needed and many find it convenient to use the forms that the lender provides.
A Deed of Trust is often the answer to financial woes but should be used in a responsible manner. Defaulting on payments can result in the loss of your home and economic security. The forms of the Deed of Trust procedures can be found online or at the lender’s office. Make sure you study the forms and understand the phrases, which will provide you with a greater amount of confidence so you can get that better deal.