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This Security Instrument secures to Lender (i) the. repayment of the Loan, and all renewals, extensions, and modifications of the Note, and (ii) the performance. of Borrower's covenants and agreements under this Security Instrument and the Note.
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.
Most Deeds of Trust provide that if another Deed of Trust is foreclosed upon the property, that this becomes a violation of the terms of the Note for each Deed of Trust, so all the Deeds of Trust become due and owing. Thus, fast action should be taken by the borrower the moment one receives the first Notice of Default.
To put simply, the deed is the legal document that proves who holds title to a property, while a mortgage is an agreement between a financial lender and borrower to repay the amount borrowed to purchase a home.
Foreclosure process: Mortgages typically go through a judicial foreclosure process, through your county court system. Deeds of trust use a non-judicial foreclosure process. Length of time to foreclose: Mortgage foreclosures usually take significantly longer than non-judicial foreclosures with a deed of trust.
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.
In Nevada, lenders like a deed of trust (or ?trust deed?) to give them security in case the borrower defaults. Some states use a mortgage for security, which is a two-party transaction involving both the lender and the borrower. A mortgage usually needs a lawsuit for oversight of the sale.
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.