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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 promissory note is held by the lender until the loan is paid in full, and generally is not recorded with the county recorder or registrar of titles (sometimes also referred to as the county clerk, register of deeds, or land registry) whereas a deed of trust is recorded.
Ing to the term of a trust instrument, it can be defined into different types. For example: Inter Vivo trust is created when the settlor is alive. Testamentary trust is usually created through the terms of a settlor's will and goes into effect after the death of the settlor.
Over to the Trustees mentioned hereunder, is hereby acknowledged by the Trustees, who hereby accept the appointment as such Trustees of the said Trust, under the terms and conditions, set out hereunder for the fulfillment of the objects of the Trust, more fully and particularly described and set out hereunder.
A deed of trust involves three parties: (1) the trustor, who is the person who received the loan, (2) the beneficiary, who is the person who loaned the money to the trustor, and (3) the trustee, who is the person that released the loan once it has been paid off.
A simple example would be the situation in which one member of a family advances money to another and asks the second member to hold the money or to invest it for him. A more complicated example of an implied trust would be the situation in which one party provides money to another for the purchase of property.
Tennessee is a deed of trust state. However, a mortgage is enforceable. The trustee must be a resident of Tennessee or a corporation domiciled in Tennessee.
The property owner signs the note, which is a written promise to repay the borrowed money. A trust deed gives the third-party ?trustee? (usually a title company or real estate broker) legal ownership of the property.