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The trust deed may stipulate that a simple resolution will suffice for winding up the trust, but more commonly a new deed is necessary to close the trust and distribute the trust assets. The deed should be drawn up by a solicitor and signatures must be witnessed.
A deed of release is a legal document that removes a previous claim on an asset. It provides documentation of release from a binding agreement. A deed of release might be included when a lender transfers the title of real estate to the homeowner upon satisfaction of the mortgage.
This release of mortgage is recorded or filed and gives notice to the world that the lien is no more. On the other hand, when you have a trust deed or deed of trust, the lender files a release deed.
A "Short Form Deed of Trust" is a document that is used to secure a promissory note by using real estate as collateral. When filing a Deed of Trust, it places a lien against the property.
A trust deed is a legal document that sets out the rules for establishing and operating your fund. It includes such things as the fund's objectives, who can be a member and whether benefits can be paid as a lump sum or income stream.
A trust deed will often involve you making a contribution from your income. If you set up a trust deed on or after 28 November 2013, it will last for at least four years. After this time you will no longer be liable for the debts included in the trust deed. This is called being 'discharged'.
If you have met all the conditions of your Trust deed, your creditors cannot pursue you for any amount of money they are still owed. Your trustee will also issue you with a 'letter of discharge'.
This means that your lenders are no longer allowed to pursue money that was owed to them when you signed the Trust Deed. However, some debts won't be written off such a student loan, or any court fine.