Purchase Money Deed Of Trust

A deed conveys ownership; a deed of trust secures a loan.

--Deed of Trust lien becomes barred 4 years after original/extended maturity date of the secured obligation TEX. CIVIL PRACTICE & REMEDIES CODE §16.035.

A purchase money trust or purchase money resulting trust is created when a person purchases property, but instructs the seller to transfer the property or title to a different person. It generally arises as a matter of course when an item of property is purchased using the money of another person.

In Texas, a deed of trust, also known as a trust deed, is the commonly used instrument for the purpose of creating mortgage liens on real estate. A mortgage is an executed contract in which the legal or equitable owner of the real property pledges the title thereto as security for performance of an obligation.

A purchase-money mortgage is a loan that the seller of a property issues to the buyer of a home as part of the property transaction. Also known as owner or seller financing, with a purchase-money mortgage the seller takes the role of the bank in offering the money to buy the home.

Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia,

The property's title remains in the trust until the loan is paid off, or satisfied, then it is released from the trust. To complete the release, the lender prepares a deed of reconveyance. This document states that the conditions of the loan have been met and you have no further financial obligations to the lender.

Yes, there are key differences between the two. With a deed, you transfer the ownership of the property to one party. In contrast, a deed of trust does not mean the holder owns the property. In an arrangement involving a deed of trust, the borrower signs a contract with the lender with details regarding the loan.

While countless Texans have borrowed money from a lender to purchase real estate, many are unaware that Texas is a deed of trust state. A deed of trust is used to create a security interest in real property as collateral for a loan.