Commonly, both terms are used to mean the same type of legal document. A deed of trust is a legally binding document that contains a declaration of trust, but which also contains other statements (technically called 'trusts') that describe how the assets in trust should be dealt with.
Except as provided in this chapter, a deed of trust is subject to all laws relating to mortgages on real property. A deed conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or another to the beneficiary may be foreclosed by trustee's sale.
Promissory notes and deeds of trust are subject to Washington's six-year statute of limitations. Installment notes have two separate six-year limitations periods. The first applies to each payment and begins on the day it becomes overdue; the second applies to the entire debt and begins on the note's maturity date.
The settlor decides how the assets in a trust should be used – this is usually set out in a document called the 'trust deed'. Sometimes the settlor can also benefit from the assets in a trust – this is called a 'settlor-interested' trust and has special tax rules.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
Is California a Mortgage State or a Deed of Trust State? California is a Deed of Trust state.
Is Washington DC a Mortgage State or a Deed of Trust State? Washington DC is a Deed of Trust state.