Deed Of Trust With Promissory Note In Salt Lake
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FAQ
Unlike a deed of trust or mortgage, the promissory note is typically not recorded in the county land records (except in a few states like Florida). Instead, the lender holds on to this document until the amount borrowed is repaid.
An assignment in a deed of trust is a legal transfer of the lender's interest in the security instrument (the deed of trust) to a new party (the assignee). The assignor (current lender) transfers all rights, title, and interest in the deed of trust to the assignee, who becomes the new lender of record.
Both a deed of trust and a promissory note might outline similar information, but they are separate documents that are signed for the benefit of different parties. In a deed of trust, there are three parties involved: the lender, the borrower, and the third-party trustee.
I REPEAT: Both parties must sign the promissory note! This means both the lender and borrower must sign the original document (plus any amended versions). Without the signatures, the promissory note has no legal leg to stand on.
If the title stays with the borrower this is the definition of Lien Theory and results in a non-judicial foreclosure with the Power of Sale being entrusted to a Trustee and not the lender. In a Judicial/Mortgage foreclosure, the Title is held by the lender. Utah is known as a Trust Deed and Promissory Note state.
Example: When used in a real estate transaction, the promissory note covers the promise to repay the amount owed, interest, and maturity date — while the deed of trust or mortgage outlines the other responsibilities of the parties involved more precisely.
The property that secures a note is called collateral, which can be either real estate or personal property. A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust.
Where to Get a Deed of Trust? To get a Deed of Trust, you must file the proper paperwork with the proper court as generally outlined above. These documents must be filed with the county clerk or recorder, and the lender typically sends them to the recording office after the property closing.
