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Capp (1893) 99 Cal. 153, 157.) Next, the Statute of Frauds requires that the document be signed by the party whom the document is being enforced against. Therefore, a deed of trust needs to be signed by the trustor.
Trust deeds are an alternative to mortgages in certain states. Instead of an agreement directly between a lender and a borrower, a trust deed places the title of a property in the hands of a third party, or trustee.
Key Takeaways. Escrow refers to a neutral third party holding assets or funds before they are transferred from one party in a transaction to another. The third party holds the funds until both buyer and seller have fulfilled their contractual requirements.
A Deed of Trust is essentially an agreement between a lender and a borrower to give the property to a neutral third party who will serve as a trustee. The trustee holds the property until the borrower pays off the debt.
A deed of trust involves three parties: a lender, a borrower, and a trustee. The lender gives the borrower money. In exchange, the borrower gives the lender one or more promissory notes. As security for the promissory notes, the borrower transfers a real property interest to a third-party trustee.
A trust deed gives the third-party ?trustee? (usually a title company or real estate broker) legal ownership of the property.
In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in ance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale.