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If your circumstances change any you are no longer able to make your payments, your Trust Deed may fail and you will still be liable for your debts or even forced into bankruptcy.
In a nutshell, a Trust is a way to own property or assets. A Trust Agreement is a set of instructions as to how the Trustmaker or Grantor wants the assets to be control and governed.
There are two types of foreclosure in Arizona and California: the first type is ?judicial? foreclosure in which a lender files a lawsuit and gets a court order to foreclose on the property, and the second is ?non-judicial? in which the property is sold by a trustee's sale via a power of sale clause in a deed of trust.
A trust agreement is a document that allows you (the trustor) to legally transfer the ownership of specific assets to another person (trustee) to be held for the trustor's beneficiaries.
The security deed is an interest in real estate which gives legal title of property to the lender of the mortgage for the term of the mortgage note. Trust deed is a written instrument legally conveying property to a trustee often used to secure an obligation such as a mortgage or promissory note.
A mortgage involves only two parties: the borrower and the lender. A deed of trust has a borrower, lender and a ?trustee.? The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.
The two main differences between a mortgage and a deed of trust are: a mortgage involves two parties, while a deed of trust has three, and. mortgages are usually foreclosed judicially, while deeds of trust typically go through a nonjudicial foreclosure process (but not always).
Trust deeds are an alternative to mortgages in certain states. Instead of an agreement directly between a lender and a borrower, a trust deed places the title of a property in the hands of a third party, or trustee.