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A deed of trust can benefit the lender because it typically allows a faster foreclosure on a home. Most deeds of trust have a ?non-judicial foreclosure? clause, which means that the lender won't have to wait for the court system to review and approve the foreclosure process.
Most lenders in Arizona now require a deed of trust rather than a mortgage to secure a loan on a home for two reasons. One, a deed of trust can be foreclosed non-judicially by a trustee's sale, while a mortgage can only be foreclosed by an order of a Superior Court judge.
Hawaii is a lien theory state and uses mortgages instead of deeds of trust.
Utah is known as a Trust Deed and Promissory Note state. There are references to a foreclosure being allowed under the law, typically in a Contract for Deed transaction but this is certainly not the standard.
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.
A mortgage is the standard security instrument used. Deeds of trust are permitted but are rarely used because mortgages may contain a power of sale and foreclosures of deeds of trust, like mortgages, are subject to redemption rights.
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...
To put simply, the deed is the legal document that proves who holds title to a property, while a mortgage is an agreement between a financial lender and borrower to repay the amount borrowed to purchase a home.