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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.
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.
What Is A Deed Of Trust? 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.
Deeds of Trusts with Power of Sale clauses attached give lenders the right to foreclose the property nonjudicially. Power of sales clauses work because in a borrower agreement, the deed of trust is held by the third-party trustee instead of the lender.
A deed of trust is a document used in real estate transactions. It represents an agreement between the borrower and a lender to have the property held in trust by a neutral and independent third party until the loan is paid off.
Whenever property is sold or gifted, a deed must be executed by the person or entity transferring ownership, the ?grantor,? and recorded with the Clerk and Recorder in the county where the property is located. The grantor will also need to file a Realty Transfer Certificate and pay the recording fee ($8 per page).
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.
In ance with Montana's Small Tract Financing Act, only real estate with an area of forty (40) acres or less is eligible to be conveyed with a deed of trust, and such instruments are subject to the same laws as mortgages on real estate.