How to Learn About Trust Deed Sales
A trust deed, or deed of trust, is a mortgage document in which the title to the property is held in a trust by a third party. The trustee holds the deed until the mortgage is paid in full then delivers it to the buyer. The deed is recorded at the court house, but the trustee keeps the original. The deed of trust allows the lender to foreclose on the property if payments are not paid as agreed.
Instructions
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Know the three parties involved with a deed of trust. The trustor is the borrower, the trustee is the holder of the deed, and the beneficiary is the lender.
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Learn your state regulations. Some states use a trust deed where others use a mortgage. An online search can offer information on state laws.
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Understand trust deed requirements including the loan amount, legal description, inception (start date) and maturity date of the loan, requirements of the loan, late fees, legal procedures upon default, Acceleration and Alienation clauses and any riders attached. An Acceleration clause allows the lender to request the full amount of the loan due and payable if an installment is not made. An Alienation clause calls for payment in full to be made when the title is transferred to any other party.
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Understand that upon paying off the loan, the trust deed will be delivered. The trust deed acts as a promissory note between the trustor and lender. The legal section of the trust deed will explain the foreclosure process if all terms are not met.
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Study when and how to use each page of a trust deed. The documents can be lengthy and difficult to read and understand. Do not sign a trust deed without understanding all of the ramifications.
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Tips & Warnings
Use an attorney or legal advisor when learning about a trust deed.
Avoid signing any document if you do not fully understand it.
References
Resources
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