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What is the Difference Between a Deed and a Deed of Trust? The primary difference between a deed and a deed of trust is the purpose of each document. A deed transfers ownership of a property from one party to another, while a deed of trust secures a loan on a property.
A Security Deed can have many names. In some cases, it's known as a Deed to Secure Debt, Warranty Deed, or even a Loan Deed. It provides a full and direct legal title transfer from the borrower to the lender, leaving the equitable title with the borrower.
Loans from banks or other institutional lenders are always made using a number of documents, two of which are a promissory and security agreement. In general, the promissory note is your written promise to repay the loan and a security agreement is used when collateral is given for the loan.
An assumption clause allows the seller of a home to pass responsibility for an existing mortgage to the buyer of the property. The new buyer must meet credit and other qualifications. Assumption clauses are attractive when the interest rate on the current mortgage is lower than the current rates.
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.
The Note is signed by the people who agree to pay the debt (the people that will be making the mortgage payments). The Deed and the Deed of Trust are signed by those who will own the property that is being mortgaged.
Security agreements are generally used to supplement a secured promissory note. The note is the borrower's actual promise to repay the money it received.
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.