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The Deed of Trust Form and The Lingo

A Deed of Trust is much like a mortgage, which one would take out on their home. The Deed of Trust can either be placed on the home before occupancy if you need to borrow money for the actual purchase of the house, or after you purchase the home if you find yourself in financial difficulties. Most use the terms Deed of Trust and mortgages interchangeably, but the fact is that these methods are different and come with different terms and jargon.

The biggest difference between a Deed of Trust and mortgage is that a Deed of Trust uses three parties and a non-judicial foreclosure method.

The three parties involved in a Deed of Trust are the Trustor, Trustee, and Beneficiary. The Trustor will be you, the home owner, the one that will borrow the money. The Beneficiary is the lender and the Trustee is the third party that holds the title to the home. The Trustee is not like with a the mortgage where the home owner is responsible for holding the title.

Foreclosure is a heavy term thrown around now a days and means that the mortgage or Deed of Trust payment has gone into default and that the lender can now take the home. With a Deed of Trust the foreclosure process is easier and quicker since it does not use the court. It is a non-judicial foreclosure. The lender may choose to file a suit against the borrower, but this takes far more time and money.

A Promissory Note is something that is signed through the Deed of Trust process. The promissory note is exactly what it sounds like, a document with a promise to pay the debt signed by the borrower. This is a legal document and can be used in the courts if the payments should go into default. The promissory note will contain the conditions of the loan such as interest rates and payment plans along with other important information.

The fact is the Deed of Trust form is full of technical terms and lingo that may seem dizzying. When you find yourself faced with a situation where you may not understand what it is you are about to sign then sit back and start asking questions, never sign a document that you unsure of.

It is possible to download the forms of a Deed of Trust so you can study the document. Then you can stride into a lenders office knowing exactly what the document means and what you need in the agreement. Researching and doing your homework regarding the terms about the Deed of Trust is the first line of defense against being scammed.


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AMERIQUEST MORTGAGE COMPANY v. PARAMOUNT MORTGAGE SERVICES, INC. - Leagle.com


AMERIQUEST MORTGAGE COMPANY v. PARAMOUNT MORTGAGE SERVICES, INC.
Leagle.com
To finance her purchase of the Property, Ms. Bossier executed a deed of trust with GreenPoint Mortgage Funding, Inc. ("GreenPoint") to secure a loan in the ...

and more »

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ZARATE v. MANUEL - Leagle.com


ZARATE v. MANUEL
Leagle.com
Upon return to the trial court, respondents filed a motion seeking an order cancelling six deeds of trust filed by appellants against two parcels of real ...

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Public Notices, Septembar 2 - San Fernando Valley Sun


Public Notices, Septembar 2
San Fernando Valley Sun
Notice is hereby given that RECONTRUST COMPANY, NA, as duly appointed trustee pursuant to the Deed of Trust executed by LUIS MORALES, A SINGLE MAN, ...

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WALNUT MANOR ASSOCIATES v. KEYS - Leagle.com


WALNUT MANOR ASSOCIATES v. KEYS
Leagle.com
After plaintiff fell behind in its payments on a second note and deed of trust held by defendant Johanna Streng Keys, defendant initiated nonjudicial ...

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IN RE LINGHAM RAWLINGS, LLC - Leagle.com


IN RE LINGHAM RAWLINGS, LLC
Leagle.com
On February 26, 2001, the Debtor executed an Amended and Restated Promissory Note Secured by Deed of Trust (Note) in favor of Bridger Commercial Funding LLC ...

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