Deed of trust forms are needed anytime there is a mortgage transaction resulting in a deed of trust. A deed of trust is different than a mortgage in that there is a trustee involved. The trustee is usually a title insurance company that ensures there are no other liens on the property and holds the deed until the loan is paid. Deed of trust actually involves three parties: the trustor (borrower), the beneficiary (lender) and the trustee. There are specific deed of trust forms that must be filled out for the transaction to be legal.
Deed of trust forms must include the amount of the loan, the parties involved in the transaction, the legal description of the property being used as security, the start and maturity dates of the loan, any requirements of the loan and signatures of all involved parties. When the deed of trust forms is signed by all parties, they must be signed in the presence of a notary public so they become legal.
The forms are then held by the trustee until the loan is paid in full. It is important that the forms be in compliance with the state the property is located. Another detail that can not be overlooked is the accuracy of the documents. The spelling of the involved parties as well as the legal description of the property must be accurate to the letter.
There have been incidents where banks and lending institutions have attempted to take the lenders to court for defaulting on their loan agreements. Some of these incidents feel through for the lending institutions because there was a small misspelling of the legal description or name of the parties and the lending institutions could not collect on their debt.
In some circumstances, the court determined that the bank did not even hold a lien on the property because of these discrepancies. So, it’s very important that the documentation be very accurate.
Deed of trust forms can be obtained through a law office, public records office, a title company, lending institution or on the internet. There are many sites online that offer you free legal forms including the deed of trust forms you may need for your real estate transaction. Always make sure that they are for the state of the real estate transaction as the laws change from state to state. For the forms to be accurate and legal, they must be in compliance with the state real estate or lending laws. Nothing would be worse than thinking you are holding security on property only to discover you have no legal claims whatsoever.