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The Oregon Trust Deed Act (OTDA) requires lenders to record all deed of trust assignments before initiating nonjudicial foreclosures.
A deed of trust has a borrower, lender and a ?trustee.? The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower. In most cases, the trustee is an escrow If you don't repay your loan, the escrow company's attorney must begin the foreclosure process.
Like a mortgage, a deed of trust establishes real property as collateral for a loan. A trustee holds legal title to the real property under the trust deed until the borrower repays the lender.
A voluntary lien (like a mortgage), is one that a person has over the property of another as security for the payment of a debt. Deed of Trust are also voluntary liens, which require the notarized signature of the debtor.
A trust deed is similar to a mortgage but usually gives the security holder a ?right of sale.? This ?right of sale? allows the security holder to foreclose on the property without having to file a lawsuit in court. This process is called ?foreclosure by advertisement and sale? and is found in ORS 86.735.
A legal document (which may be a deed or other instrument) that creates a trust. The trust document appoints the trustees and states the terms of the trust, including who the beneficiaries are and the trust property that will be subject to the trust.
The Oregon Trust Deed Act was established in 1959 to make the foreclosure process easier and faster by not involving the courts. The Act allows the lender to file a trust deed, which assigns the deed to a third-party (trustee).
Trust deed. A trust deed is a financial security document that does not transfer title. The trust deed transfers only the right of sale to the trustee when ordered by the beneficiary as a result of a trustor default. The trust deed is used to secure a borrower's obligations under a promissory note.
A trustee deed?sometimes called a deed of trust or a trust deed?is a legal document created when someone purchases real estate in a trust deed state, such as California (check your local laws to see what is required in your state). A trust deed is used in place of a mortgage.
In Oregon, any competent adult can be the trustee, including the person setting up the trust. An Oregon bank or trust company can also act as trustee. You can appoint more than one trustee, can delegate different duties to each trustee, and can retain the power to remove the trustee and appoint a new one.