Deed of Trust

Deed of Trust

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Suppose you have decided to sell your condo and handle the financing yourself. Since you are both the lender and financier, you will need another party to hold the deed to the property until the borrower pays the loan in full. For this type of arrangement, you would need a Deed of Trust. 

Think of the Deed of Trust as an alternative to a mortgage company. Whether you are the seller/lender or the buyer/borrower,  you are assured that the property deed is secured with this legally binding document.

Frequently Asked Questions

 

With 360 Legal Forms, it will take you only a few minutes to create your customized Deed of Trust. You’ll be guided through each part of the document, and once complete, your Deed of Trust will be available for immediate download as either pdf or word document from your secure online account.  

The following information is required for the Deed of Trust:

  • Borrower details: The name and contact information for the person or company leasing a property.

  • Lender details: The name and contact information for the person lending funds to the borrower to purchase a property. 

  • Trustee details: Name and contact information for the person holding title in a trust for the lender. 

  • Property address and description: Include the address of the property in question, including a legal description, and scope of the purchase. 

  • Principal amount: You’ll need to include the amount of money being borrowed, including interest. 

  • Purchase terms: You’ll answer questions about the title, and loan agreement or note. 

  • Provisions: This section will clarify if any special provisions apply to the transaction, including prepayments, warranties, mortgage insurance, and occupancy. 

  • Event of default: Specify what actions constitute a default, and what happens in those events. 

 

If you’re working with a private lender to secure a loan to purchase property, you might need a deed of trust. This document will make the lender feel secure in the investment.

Although seemingly the same type of document, the main difference between the deed or trust and the mortgage agreement centers around the number of parties involved - a mortgage agreement is between a lender and a borrower while the deed of trust adds a third party (the trustee) to the mix. 

Another key difference between the two documents is the included clause in the deed of trust that allows the lender to foreclose on the “mortgage” in the event that the borrower defaults without going through the court. 

 

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A deed of trust is a legally binding contract between a borrower, lender, and trustee. It specifies that a property will be purchased with funds from a lender, to the borrower, and the trustee will hold the title for the lender until the loan is paid in full.

In order for the document to be legally enforceable, the deed of trust must be signed in the presence of a notary.

Please Note: The use of a notary ensures that no one challenges any signatures later and is a secure way to firmly establish the effectiveness of your document.

 

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Applicable to all 50 states
Applicable to all 50 states

Our documents are vetted by lawyers and are applicable to all 50 states.