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Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...
If you borrow from a commercial lender, it is most likely that the lender will determine the trustee, which is typically a title company, professional escrow company, or other company in the business of serving as a real estate trustee. Sometimes a real estate broker or an attorney serves in this role.
While with a mortgage the borrower holds the title to the property, with a deed of trust title is held by the third party trustee until the loan is paid off or the trustor defaults. In North Carolina, this third party is typically a title company.
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.
There are certain states that have laws in place regulating who can fill the role of trustee in a deed of trust. Typically, the trustee has to be a lawyer, title insurance company, trust company, bank, savings and loan, credit union, or other institution expressly permitted by statute to operate as a trustee.
A trustee manages any property that a trust holds. Once a trust creator, or grantor, dies or loses the ability to function as trustee, the successor trustee takes over trust management. The trustee's responsibilities may include the following: Identifying, appraising, and valuing trust assets.
This document may be called the Security Instrument, Deed of Trust, or Mortgage. When you sign this document, you are giving the lender the right to take your property by foreclosure if you fail to pay your mortgage ing to the terms you've agreed to.
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.