Assumption Warranty Deed

Deed: This is the document that proves ownership of a property. It transfers ownership of the property to the grantee, also known as the buyer.Mortgage: This is the document that gives the lender a security interest in the property until the Note is paid in full.

Giving the wrong legal address for the property or the wrong amount of the debt can render the deed unenforceable. In some cases, the error is easy to fix, and the court will rule the deed is enforceable.

A Deed of Trust is a three party document prepared, signed and recorded to secure repayment of a loan. The Borrower (property owner) is named as Trustor, the Lender is called the Beneficiary, and a third party is called a Trustee.

This may be referred to as the "power of sale" clause. This is the language that legally authorizes the trustee to sell the property outside of court if the buyer does not meet his or her obligations under the deed of trust and promissory note.

Whether you have a deed of trust or a mortgage, they both serve to assure that a loan is repaid, either to a lender or an individual person. A mortgage only involves two parties the borrower and the lender. A deed of trust adds an additional party, a trustee, who holds the home's title until the loan is repaid.

They serve different purposes and are signed by different parties. The warranty deed transfers the property's ownership from the current owner to the new buyer, while the deed of trust ensures the lender has interest in the property in the event a buyer defaults on the loan.

Property cannot be conveyed to a grantee who does not exist. Thus, a deed to a grantee who is dead at the time of delivery is void. For example, a deed recorded by the grantor is presumed to have been delivered.For example, a deed is voidable if it was obtained by fraud in the inducement.

The following states use Deed of Trusts: Alaska, Arizona, California, District of Columbia, Georgia, Mississippi, Missouri, Nevada, North Carolina, and Virginia.