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.
Requirement for registration of Trust Deed with the Local Registrar under the Indian Trusts Act, 1882: Trust Deed on stamp paper of requisite value. One passport size photograph & copy of the proof of identity of the settlor. One passport size photograph & copy of the proof of identity of each of the two trustees.
A trust can also be created by the author himself declaring that he would hold the property, not as owner, but as a trustee for the benefit of some person or persons including himself and in that case the transfer of property is not necessary as one need not transfer his property but in such a case the declaration of ...
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.
You transfer your home to the trust by signing a deed that names the trust as the new owner of the property. The deed then needs to be recorded with the local county recorder's office. Once recorded, the trust is now "on title" as the legal owner of the property.