What is a Deed of Trust?
A Deed of Trust, also known as a trust deed, is a document used during financed real estate transactions, meaning a buyer borrows money from a lender to buy a property.
It transfers the property’s legal title to a neutral third party, the trustee, who holds it until the buyer pays back the lender.
Once repayment is complete, the trustee reconveys the legal title to the buyer, and the transaction is complete. In many cases, the trustee can foreclose on the property if the buyer doesn’t pay back the loan.
In some states, Deeds of Trust are used instead of mortgages.
Parties to a Deed of Trust
A Deed of Trust always involves three parties: a trustor, beneficiary, and trustee. In some cases, a Deed of Trust also has a guarantor.
Who is the trustor?
The trustor is the borrower buying real property.
Who is the beneficiary?
The beneficiary is the lender providing financing to the trustor. The trustee holds the title for the lender’s benefit.
Who is the trustee?
The trustee is the neutral third party who holds the legal title as security until the trustor pays back the beneficiary.
Neither the borrower nor the lender can be a trustee. A trustee is typically an attorney, a title company, or an escrow agent. A trustee is often the beneficiary’s lawyer.
Who is the guarantor?
The guarantor is the person that is jointly liable for the loan if the trustor defaults. A lender may require a borrower to have a guarantor because they want more options to collect loan repayment should the trustor default.
What is the purpose of a Deed of Trust?
Most buyers must borrow or take out a mortgage to purchase real estate. In these cases, lenders must protect their interests if a buyer defaults on their loan. This is where a Deed of Trust becomes useful.
Using a Deed of Trust allows lenders to ensure they will be reimbursed even if the buyer cannot pay them back. If the buyer defaults on their loan, the trustee can take full control because the Deed of Trust gives them the legal title.
If you lend someone money to buy real estate without using a Deed of Trust and they default on their loan, you may have a harder time getting your money back.
Deed of Trust FAQs