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A deed of trust is a legal agreement that's similar to a mortgage, which is used in real estate transactions. Whereas a mortgage only involves the lender and a borrower, a deed of trust adds a neutral third party that holds rights to the real estate until the loan is paid or the borrower defaults.
Through a deed of release of mortgage, also called a release of deed of trust, the lender agrees to remove the deed of trust, which is the document containing all of the mortgage's terms and conditions that is filed at the beginning of the mortgage process.
A deed of trust is a document used in real estate transactions. It represents an agreement between the borrower and a lender to have the property held in trust by a neutral and independent third party until the loan is paid off.
The main difference between a deed and a deed of trust is that a deed is a transfer of ownership, while a deed of trust is a security interest. A deed of trust is used to secure a loan, while a deed is used to transfer ownership of a property.
The preferred written instrument to convey a legal interest in land is a deed. There are two basic categories of deed used in Vermont to convey fee title and/or easements in land: the warranty deed; and the quit-claim deed.
An unreleased Deed of Trust means that the records office has not released the deed because they were not notified of the payoff of the debt. It does not mean the loan was not paid, but it will officially show a lien against the property until the release.
(a) Deeds and other conveyances of lands, or of an estate or interest therein, shall be signed by the party granting the same and acknowledged by the grantor before a notary public and recorded at length in the clerk's office of the town in which such lands lie.
Attorney Involvement If a legal opinion of title is provided, it is executed by a Vermont Attorney. Vermont does not have an unauthorized practice of law statute, however there is Vermont Case Law indicating that deed preparation constitutes the practice of law.