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What is the Difference Between a Deed and a Deed of Trust? The primary difference between a deed and a deed of trust is the purpose of each document. A deed transfers ownership of a property from one party to another, while a deed of trust secures a loan on a property.
Tennessee is a deed of trust state. However, a mortgage is enforceable.
May in either case be named or act, in person or by agent or attorney, as the trustee of a security trust, either individually or as one (1) of several trustees, regardless whether one (1) or more of such other trustees qualify to serve pursuant to this section, when and only to the extent that the state, territory or ...
A trustee is any person or organization that holds the legal title of an asset or group of assets for another person, called the grantor. A trustee is granted this legal title through a trust in which the they hold title to the assets held in trust for the benefit of others.
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.
A: It is not a legal requirement. But any lender will want the Deed of Trust to be signed by both married parties because of occupancy and homestead rights which are encumbered by that instrument. If both do not sign, then the loan will probably not be made.
Generally, the trustee must be an attorney, title insurance company, trust company, bank, savings and loan, credit union, or other company specifically authorized by law to serve as a trustee. Other states have no limitations.
2. Self-Settled Trusts: Individuals may establish trusts for their own benefit, particularly for estate planning purposes. In these cases, they act as both the trustee and the beneficiary to maintain control over their assets while planning for the distribution of those assets upon their passing.