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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.
A promissory note is a document between the lender and the borrower in which the borrower promises to pay back the lender, it is a separate contract from the mortgage. The mortgage is a legal document that ties or "secures" a piece of real estate to an obligation to repay money.
A trust deed is always used together with a promissory note that sets out the amount and terms of the loan. The property owner signs the note, which is a written promise to repay the borrowed money.
It's fairly simple. The borrower gives the lender a promissory note in exchange for the deed of trust. (The promissory note states the borrower's promise to pay back their debt.) Then, once the borrower pays their debt in full, the trustee relinquishes the deed to them.
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 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.
With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrower's promise (hence the name) to pay.
Promissory notes: A grantor may lend money to a third party and decide to place the promissory note into the trust. He or she may transfer the note to the trust by executing an assignment of the note to the trustees.