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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.
What Is a Deed of Trust in Tennessee? A deed of trust is a way for a third party (the trustee) to hold an interest in the property while another person (a borrower) performs a promise they have made to someone else (the lender).
(a) Liens on realty, equitable or retained in favor of vendor on the face of the deed, also liens of mortgages, deeds of trust, and assignments of realty executed to secure debts, shall be barred, and the liens discharged, unless suits to enforce the same be brought within ten (10) years from the maturity of the debt.
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.
In other words, both documents are used to make sure the borrower pays back the loan. Both documents allow the person or entity to sell the property if the borrower cannot meet the terms of the loan.
Through a deed of release of mortgage, also called a release of deed of trust, the lender agrees to remove the deed of trust, which is the document containing all of the mortgage's terms and conditions that is filed at the beginning of the mortgage process.
How long does a judgment lien last in Tennessee? A judgment lien in Tennessee will remain attached to the debtor's property (even if the property changes hands) for ten years.
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.