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Utah is known as a Trust Deed and Promissory Note state. There are references to a foreclosure being allowed under the law, typically in a Contract for Deed transaction but this is certainly not the standard.
The mortgage is generally a two-party transaction. The deed of trust, in contrast, is generally a three-party transaction in which the debtor (the trustor), to secure payment of the debt, grants legal title to a third party (the trustee) who holds that title for the benefit of the creditor (the beneficiary).
The two main differences between a mortgage and a deed of trust are: a mortgage involves two parties, while a deed of trust has three, and. mortgages are usually foreclosed judicially, while deeds of trust typically go through a nonjudicial foreclosure process (but not always).
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.
A deed of trust is a legal agreement that's similar to a mortgage, which is used in real estate transactions. Whereas a mortgage only involves the lender and a borrower, a deed of trust adds a neutral third party that holds rights to the real estate until the loan is paid or the borrower defaults.
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.
It is typically much faster under a security deed than a mortgage. Under a security deed, the lender is automatically able to foreclose or sell the property when the borrower defaults. Foreclosing on a mortgage, on the other hand, involves additional paperwork and legal requirements, thus extending the process.