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A deed of trust is an agreement between a home buyer and a lender at the closing of a property. The agreement states that the home buyer will repay the home loan and the mortgage lender will hold the property's legal title until the loan is paid in full.
For a Deed of Trust, the parties involved are the lender, the borrower, and a neutral third party who will serve as a trustee. The title of the property is held as security for the loan and held by the trustee for the benefit of the lender. The title is released from the trust once the loan is paid.
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. Only after the borrower has satisfied the terms of their debt to the lender will the property be fully transferred to the borrower.
This is a standard form security trust deed. It creates a single security trust specifically for use in syndicated finance or other finance transactions where security is held on trust by a security trustee for the benefit of a group of secured finance parties (the beneficiaries).
A deed of trust involves three parties: a lender, a borrower, and a trustee. The lender gives the borrower money. In exchange, the borrower gives the lender one or more promissory notes. As security for the promissory notes, the borrower transfers a real property interest to a third-party trustee.
Essentially, a deed of trust provides a lender with security for the repayment of the loan and effectively functions similarly to a mortgage. A deed of trust is a deed that transfers a legal interest in a piece of real property owned by the lendee to the lender, or trustee, in order to secure the debt owed on the loan.
A deed of trust is satisfied when the debt it secures is paid or when the obligation it secures is fulfilled. A deed of trust is no longer a lien on the property if the debt or obligation it secures has been satisfied but it will remain a cloud on title until removed from the chain of title.
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.