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Secured promissory notes By assuring that the property attached to the note is of sufficient value to cover the amount of the loan, the payee thus has a guarantee of being repaid. The property that secures a note is called collateral, which can be either real estate or personal property.
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.
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.
What Is Assignment in a Deed of Trust? In real estate law, "assignment" is simply the transfer of a deed of trust from one party to another. This usually happens when the beneficiary of a trust deed sells their loan to another lender.
A mortgage is the standard security instrument used. Deeds of trust are permitted but are rarely used because mortgages may contain a power of sale and foreclosures of deeds of trust, like mortgages, are subject to redemption rights.