logo

What are Trust Deeds in Real Estate?

There can be a lot of paperwork involved when applying for a mortgage. You might want to consider using a trust deed in real estate during your house closing process. During this time, you may find it helpful to know how and why deeds of trust work.

In states where trust deeds are permitted, they can be used instead of traditional mortgages. Home loan defaults are protected by them so lenders can take swift legal action. For this document to serve its purpose effectively, it is essential to use the correct language.

Trust Deeds: What are They?

A trust deed is a document that comes into play when one party takes out a loan from another to purchase a property. It is also called a deed of trust and is sometimes used in real estate transactions in the US.

There are many people who are unaware of the importance of a deed of trust until they encounter it for the first time. In the course of their home-buying process, they usually become aware of it for the first time. Having one could potentially save you from disaster, so never underestimate its importance.

How Do Trust Deeds Work?

Trustees, trustors, and beneficiaries are involved in a deed of trust. The purpose of trust deeds is to provide legal protection for a lender in real estate transactions. Trust deeds are usually effective when the borrower signs a promissory note.

An agreement to repay a home loan is represented by a promissory note, which includes the terms and conditions of the loan. Trusts act as collateral for promissory notes, which are guarantees that borrowers will repay loans.

A trust deed generally involves three parties:

  • Beneficiaries - Banks and loan institutions are the beneficiaries. Due to the established trust, their interests are protected. In real estate transactions, investors and lenders have the most to lose, and trust deeds provide peace of mind.
  • Trustees - These are third-party entities that hold the title to the property until the loan has been repaid in full. Most often, title insurance companies and banks fulfill this role. These relationships are facilitated by lenders, who often choose the parties involved. Transactions must be conducted by trustees in an impartial manner.
  • Trustors - A borrower acts in the capacity of a trustee. The promissory note contains terms and conditions that allow them to retain the designation legally. Due to their consistent payments, they are able to claim equity as they pay back the loan.

Mortgage vs. Trust Deed

In certain states, instead of mortgages, deeds of trust can be used when traditional lending methods are not available. Deeds of trust and mortgages serve the same purpose: to guarantee a loan will be repaid, whether to a lender or an individual.

The borrower and lender are the only parties involved in a mortgage. Trustees hold the title to the property until the loan has been repaid under a deed of trust.

A trustee starts the foreclosure process when the loan defaults. Lenders or mortgagees are the ones who initiate foreclosure on traditional mortgages, either with or without judicial approval. Mortgages have to be paid back in full by the mortgagor or the home has to be abandoned.

The laws of each state govern mortgages and trust deeds in real estate. Your lender is required to use a specific type of contract depending on what is legal in your state. A mortgage is the only form of financing allowed in some states. Deeds of trust are the only form of security allowed by other lenders. The lender has the choice of which form of contract to give you if your state allows both types.

Learn More About Trust Deed in Real Estate with Sain Investment Group!

We can help you with all your home financing questions and explain the trust deed real estate definition better, whether you're looking for a deed of trust or a mortgage. As unique as the property and the borrower, trust deeds should be understood by trust deed investors.

To ensure that the trust deed investment company will perform as stated, prudent investors monitor trust deeds and qualify their trust deed providers. We provide fast and professional real estate funds and trust deed investment services.

To get started, you may fill out our online form or contact us at 949-881-7128 at Saint Investment Group today!

Share this article

Find the right investment plan for you

INVEST NOW
© 2022 Saint Investment. All rights reserved.
* Information in this message, including information regarding targeted returns and investment performance, is provided by the sponsor of the investment opportunity and is subject to change. Forward-looking statements, hypothetical information or calculations, financial estimates and targeted returns are inherently uncertain. Such information should not be used as a primary basis for an investor’s decision to invest. Investment opportunities on the Saint Platform are speculative and involve substantial risk. You should not invest unless you can sustain the risk of loss of capital, including the risk of total loss of capital. Please see additional disclosures here.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram