Deed of Trust

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Deed of Trust

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The lender, or beneficiary, is the party who is providing the loan to the borrower for the purchase of the property. They are the beneficiary of the Deed of Trust.



Your Deed of Trust

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Security Deed Page of
Initials: ______________________________

CLERK'S COVER SHEET: SECURITY DEED

  1. Date of document: 10th day of June, 2026
  2. Signatories:
    Grantor (Borrower): _________________________ of ________________________________________
    Grantee (Lender): _________________________ of ________________________________________
  3. Map and parcel identification number (if applicable): _______________________________
  4. Original loan amount OR Amount of any outstanding principal and any additional advance pursuant to a loan modification:  $_______________
  5. Initial maturity date or dates: June 10, 2026
  6. Amount of intangible recording tax (if applicable): Not applicable
  7. Amount of intangible recording tax imposed for an additional advance (if applicable): Not applicable
  8. If no intangible recording tax is imposed, a citation to the authority providing for an exemption of such tax: Not applicable

NOTE: This cover sheet does not modify the terms of the attached instrument.


Security Deed

THIS SECURITY DEED (the "Deed") dated this 10th day of June, 2026

BETWEEN:

_________________________ of ________________________________________
(the "Grantor")

OF THE FIRST PART

- AND -

_________________________ of ________________________________________
(the "Grantee")

OF THE SECOND PART

Background
A.  The Grantor is the registered owner of the estate in the following described property (the "Property") located at ________________________________________ in ____________________, State of Georgia, United States with the following legal description:
as described in the attachment

B.  Any buildings or structures on the Property and anything now or later attached or fixed to the buildings or the Property including additions, alterations and improvements located on, above or below the surface of the Property are covered by this Deed. However, no additions, alterations or improvements will be made by the Grantor without the Grantee's prior written consent. Any addition, alteration or improvement will be subject to all recorded easements, rights of way, conditions, encumbrances and limitations, and to all applicable building and use restrictions, zoning laws and ordinances, if any, affecting the Property.

IN CONSIDERATION OF the sum lent to the Grantor by the Grantee, in the amount of $_______________ U.S. DOLLARS (the "Principal Amount") the receipt of which the Grantor does hereby acknowledge itself indebted, the parties to this Deed agree as follows:

  1. Security Instrument
  2. The Grantor does hereby grant and convey to the Grantee and the Grantee’s assigns and successors, the Property described herein in order to secure to the Grantee:
    1. the repayment of the Principal Amount and any interest, late charges or any other sums due under this Deed; and
    2. the performance of the Grantor’s covenants and agreements under this Deed.
  3. Governing Law
  4. This Deed will be governed by both the law of Georgia and any applicable federal law ("Applicable Law").  All rights and obligations contained in this Deed are subject to any requirements and limitations of Applicable Law.
  5. MATTERS RELATING TO PAYMENT

  6. Promise to Pay
  7. The Grantor, for value received, promises to pay to the Grantee, the Principal Amount, interest and all fees and costs on the terms set out in this Deed or in any amendment, extension or renewal of the Deed and any additional amounts secured by this Deed on the terms elsewhere provided for such debts and liabilities.
  8. Interest
  9. The Grantor agrees to pay the Principal Amount with interest before and after maturity and before and after default at the rate of _______________ percent calculated per annum and compounding annually (the "Interest Rate"). The Interest Rate will be calculated from the date this Deed begins (the "Interest Adjustment Date") and accrues until the whole of the Principal Amount is paid. The Loan will be repaid on the following terms:
    1. the Principal Amount and interest will be repaid in consecutive monthly installments of $_______________ each on the 1st of each month;
    2. the Interest Adjustment Date for this Deed is June 10, 2026; and
    3. the balance, if any, of the Principal Amount and any interest thereon and any other moneys owing under this Deed will be due and payable on June 10, 2026 (the "Maturity Date").
  10. Place of Payment
  11. The Grantor will make monthly payments at ________________________________________ or at a location later specified by the Grantee.
  12. Funds for Escrow Items
  13. The Grantor will pay to the Grantee, on the day periodic payments are due under this Deed, a sum (the "Funds") to provide for payment of:
    1. all taxes, assessments and other charges against the Property;
    2. ground rents or other lease payments on the Property; and
    3. premiums for any and all insurance required by the Grantee.
  14. If there is a surplus of Funds held in escrow, the Grantee will provide the Grantor with the excess funds in accordance with the Real Estate Settlement Procedures Act (the "RESPA"). If there is a shortage of Funds held in escrow, the Grantee will notify the Grantor as required by the RESPA, and the Grantor will pay to the Grantee the amount necessary to make up the shortage in accordance with the RESPA.
  15. The Grantor will notify the Grantee of all amounts to be paid under this section. At the Grantee's discretion, the Grantor will provide receipts of such payments to the Grantee. If the Grantor fails to make timely payments the Grantee can, at its discretion, make any payments for past due escrow items and the Grantor will be obligated to repay to the Grantee any such amount. The Grantee may waive the Grantor's obligation to pay for any or all escrow items to the Grantee through written notice. If such waiver occurs, the Grantor is responsible to pay the amounts due for any escrow items. The Grantee can at any time revoke the waiver of any or all escrow item payments by written notice to the Grantor, and upon such revocation, the Grantor will pay to the Grantee all Funds, and in such amounts, that are then required under this section.
  16. The Grantee will collect and hold the Funds in accordance with the RESPA. The Grantee will reasonably estimate the amount of Funds due in accordance with Applicable Law.
  17. If there is a surplus of Funds held in escrow, the Grantee will provide the Grantor with the excess funds in accordance with the RESPA. If there is a shortage of Funds held in escrow, the Grantee will notify the Grantor as required by the RESPA, and the Grantor will pay to the Grantee the amount necessary to make up the shortage in accordance with the RESPA.
  18. Obligation to Pay without Set-off or Delay
  19. The Grantor agrees to pay all amounts payable pursuant to this Deed and all additional amounts secured by this Deed without abatement, set-off or counterclaim. Should the Grantor make any claim against the Grantee either initially or by way of abatement, set-off or counterclaim, the Grantor agrees that any such claim will not diminish or delay his obligations to make the payments as provided in this Deed.
  20. Application of Payments and Interest after Default
  21. All monthly payments received by the Grantee will first be applied in payment of the interest calculated at the Interest Rate, and second in payment of the Principal Amount. However, if the Grantor is in default, then the Grantee will apply any payments received during this period as the Grantee chooses. If the Grantor is in default in payment of any amount including interest, interest will be payable on the interest and other arrears at the Interest Rate compounded monthly.
  22. Cancellation
  23. Upon full payment of the Principal Amount, interest, and all other sums secured by this Deed, and upon request by the Grantor, the Grantee will take all necessary steps to cancel this Deed to clear the title to the Property and reconvey the title of the Property to the Grantor. The Grantor will give the Grantee a reasonable time after payment in which to cancel this Deed. The Grantor will be responsible for paying any recordation costs and reasonable cancellation fees charged by the Grantee as permitted under Applicable Law.
  24. Covenants and Warranties
  25. The Grantor warrants and agrees that:
    1. the Grantor has good title to the Property;
    2. the Grantor has the authority to grant and convey the Property;
    3. on default, the Grantee will have quiet possession of the Property;
    4. the Property is free from all encumbrances except recorded encumbrances;
    5. the Grantor will defend the title to the Property against all claims and demands, except for recorded encumbrances; and
    6. the Grantor will execute further assurance of the Property as will be required.
  26. Additional Covenants of Leasehold Property
  27. If the Grantor has a leasehold interest in the Property, the Grantor warrants and agrees that:
    1. the Grantor has good and marketable leasehold title to the Property;
    2. the Grantor has a good, valid and subsisting lease (the "Lease") of the Property and has given to the Grantee a full and complete copy of that Lease;
    3. all rents and other monies payable under the Lease have been paid and the Grantor is not otherwise in default under any obligation set out in the Lease;
    4. the Grantor does not require the consent of the landlord to grant or convey his leasehold interest in the Property, or if required, have already obtained the consent of the landlord;
    5. the Grantor will pay rent and perform and observe all other obligations under the Lease;
    6. the Grantor will not encumber or surrender the Lease or cause or allow it to be terminated or forfeited;
    7. the Grantor will not agree to any amendment of the Lease without first obtaining the Grantee's written consent; and
    8. the Grantor will renew the Lease as necessary to protect the Grantee's interest and the Deed will extend to any such renewal.
  28. Fixtures and Additions
  29. The Grantor agrees that the Property includes all property of any kind that is now or at any time in the future attached or fixed to the land or buildings or placed on and used in connection with them, as well as all alterations, additions and improvements to the buildings.
  30. Payment of Taxes and Other Encumbrances
  31. The Grantor will pay all taxes and other rates levied on the Property and all accounts for utilities supplied to the Property and all charges, trusts, liens and other encumbrances on the Property when they are due and comply with his other obligations under them. Upon the Grantee's request, the Grantor will immediately give receipts showing that the taxes and other accounts have been paid.
  32. No Sale Without Consent
  33. The Grantee will not sell, transfer, lease or otherwise dispose of all or any part of the Property or any interest in the Property, or if a corporation, permit a change in control, without the Grantor's prior written approval and if approved, without such approved purchaser, transferee or lessee entering an assumption agreement in a form satisfactory to the Grantee. Acceptance of any payments from a purchaser, transferee or lessee or after a change in control not approved in writing, will not constitute an approval or waiver by the Grantor.
  34. Property Insurance
  35. The Grantor will insure in the Grantee's favor all buildings on the Property that are the subject of the Deed. The insurance will include protection against damage by fire and other perils including "extended peril coverage" and any other perils that the Grantee requests. The insurance must cover replacement costs of any buildings on the Property in US dollars. The Grantor will choose the insurance company subject to the Grantee's right to disapprove. The insurance policies will include a standard trust clause stating that any loss is payable to the Grantee. This Deed will be enough proof for any insurance company to pay any claims to the Grantee and to accept instructions from the Grantee regarding any insurance claims.
  36. The Grantor will provide the following at the request of the Grantee:
    1. a copy of the insurance policy;  
    2. receipts of all paid insurance premiums; and
    3. renewal notices and evidence of renewal completion.
  37. In the event of loss, the Grantor will provide prompt notice to the Grantee and the insurance carrier. The Grantor will provide the Grantee with proof of all claims at the Grantor's own expense and do all necessary acts to enable the Grantor to obtain all insurance proceeds from the claim. The insurance proceeds, in whole or in part, will be applied to the restoration and repair of the Property, if the restoration and repair is economically feasible. If the restoration and repair is not economically feasible, the insurance proceeds will be applied to the remainder of the Deed, whether or not the balance of the Deed is then due. Any remaining funds from the insurance claim will be paid to the Grantor.
  38. Repair, Vacancy and Maintenance of the Property
  39. The Grantor will maintain the Property in good order, condition and repair and will promptly make all necessary repairs, replacements, and improvements. The Grantor will not allow the Property to become or remain vacant without the written consent of the Grantee. The Grantor will not commit waste and will not remove, demolish or materially alter the Property or any part of it without prior written consent from the Grantee. The Grantee may, whenever necessary, enter upon and inspect the Property. If the Grantor, or anyone claiming under the Grantor, neglect to keep the Property in good condition and repair, or commit any act of waste on the Property, or do anything by which the value of the Property is diminished, as to all of which the Grantee will be sole judge, the Grantee may (but is not obliged to) enter the Property and effect such repairs or work as it considers necessary.
  40. Environmental Hazards
  41. The Grantor will not use, store, release, deposit, recycle, or permit the presence of hazardous substances on the Property, generally accepted items for residential use excepted, which includes but is not limited to asbestos, PCBs, radioactive materials, gasoline, kerosene, or other flammable petroleum products (the "Hazardous Substances"). The Grantor is also prohibited from performing any acts on the Property involving any Hazardous Substances that would materially affect the value of the Property or would require clean-up or remedial action under federal, state, or local laws and codes.
  42. DEFAULT AND REMEDIES

  43. Grantor Right to Quiet Possession
  44. Until default by the Grantor under this Deed, the Grantor will have quiet possession and receive the rents and profits from the Property.
  45. Events of Default
  46. The Grantor will be in default under this Deed upon the happening of any of the following events:
    1. if the Grantor defaults in the payment of the Principal Amount, interest or any other amount secured by this Deed, when payment of such amount becomes due under the terms of this Deed or as elsewhere provided for any other amount secured by this Deed;
    2. if the Grantor defaults in the observance or performance of any term or covenant which the Grantor has agreed to observe or perform under this Grantor or elsewhere;
    3. if any information or statement the Grantor has given or made before, at or after signing the Deed, in respect of the Property or the Grantor's affairs is incorrect or untrue at the time it was given or made;
    4. if the Grantor ceases or threatens to cease to carry on in a sound businesslike manner, the business in which the Grantor ordinarily conducts on, or with respect to all or any part of, the Property;
    5. if the Property is a condominium unit or units, a vote authorizes termination of the condominium or the sale of all or substantially all of the condominium corporation's assets or its common elements or the condominium corporation fails to insure the unit and common elements;
    6. if a petition in bankruptcy is filed against the Grantor, if the Grantor makes a general assignment for the benefit of the creditors, if a receiver, interim receiver, monitor or similar person is placed or is threatened to be placed in control of or for the overview of the Grantor's affairs or Property, or in the opinion of the Grantee, the Grantor becomes insolvent;
    7. if a construction or similar lien is registered against the Property or if default occurs under any other lien, trust or other encumbrance existing against the Property;
    8. if the Grantor abandons or does not visibly and consistently occupy the Property; or
    9. if the Property or a material part of the Property is expropriated.
  47. Acceleration on Default
  48. If at any time the Grantor should be in default under this Deed, then the Principal Amount, interest and all amounts secured by this Deed will, at the option of the Grantee, become due and payable immediately.
  49. If at any time the Grantor is in default and the Grantee does not require the Grantor to pay immediately in full as described above, the Grantee will retain the right to seek full immediate payment if the Grantor is in default at a later time. Any forbearance on the part of the Grantee upon default, which includes but is not limited to acceptance of late payment, acceptance of payment from third parties, or acceptance of payments less than the amount then due, will not constitute as waiver to enforce acceleration on default.
  50. In the event that the Grantee elects to accelerate the Deed, the Grantee will provide notice to the Grantor in accordance with Applicable Law.
  51. Additional Charges
  52. The Grantor may be charged with fees in association with the default of this Deed or for the protection of the Grantee's interest for this Deed, which may include, but is not limited to attorneys' fees and property inspections (the "Additional Fees"). The absence of specific charges which may be levied against the Grantor in this Deed does not preclude the Grantee from charging such costs as Additional Fees. However, the Grantee will not charge any fees which are prohibited by Applicable Law and the Grantee will not charge any fees above and beyond the amount or percentage allowed under the Applicable Law. Any amount disbursed by the Grantee in relation to the protection of the Grantee's security will become Additional Fees payable by the Grantor. The Additional Fees will carry an interest rate of _______________ percent per annum, compounding annually. The Additional Fees' total including interest will become due upon written request by the Grantee.
  53. Protection of Grantee's Security
  54. If at any time the Grantor should fail to uphold the covenants in this Deed, or if a legal proceeding commences which materially affects the Grantee's interest in the Property, the Grantee may pay or perform any reasonable action as necessary to protect the Grantee's interest, which includes, but is not limited to:
    1. payment of insurance premiums, taxes, and levies accruing against the Property;
    2. payment of sums due secured by a prior lien which has priority over this Deed;
    3. payment of legal fees in relation to any legal proceedings or legal costs arising from the Property; and
    4. payment of reasonable costs in repairing and maintaining the Property.
  55. Any action referred to in this section is optional for the Grantee and the Grantee has no duty or obligation to carry out any of the remedies listed in this section and will not incur any liability in the failure to perform such tasks.
  56. Any amount disbursed by the Grantee in relation to the protection of the Grantee's security will become Additional Fees payable by the Grantor.
  57. Power of Sale
  58. If at any time the Grantor should be in default under this Deed, the Grantee will have the right to foreclose and force the sale of the Property without any judicial proceeding. Any delay in the exercising of this right will not constitute as waiver on the part of the Grantee to exercise this option at a subsequent time should the Grantor remain in default or if the Grantor becomes default again in the future.
  59. Remedies on Default
  60. The Grantee will have the right to pursue all remedies for the collection of the amounts owing on this Deed that are provided for by Applicable Law, whether or not such remedies are expressly granted in this Deed, including but without limitation foreclosure proceedings.
  61. If the Grantee invokes the power of sale, the Grantee will execute a written notice of the event of default and the Grantee's election to sell the Property. The Grantee will mail copies of the notice as prescribed by Applicable Law to the Grantor and other persons as required by Applicable Law. The Grantee will give public notice of the sale to the Grantor in the manner provided for by Applicable Law. After the time required by Applicable Law, the Grantee, without demand on the Grantor, will sell the Property at public auction to the highest bidder, at the time and place and subject to the terms indicated in the notice of sale. The Grantee may postpone sale of the Property by public announcement at the time and place of any scheduled sale.
  62. MISCELLANEOUS MATTERS

  63. Interpretation and Headings
  64. Headings are inserted for the convenience of the parties and are not to be considered when interpreting this Deed. Words in the singular mean and include the plural and vice versa. Words in the masculine gender mean and include the feminine gender and vice versa. Words importing persons include firms and corporations and vice versa.
  65. Severability
  66. If any provision of this Deed will be held invalid or be prohibited by the Applicable Law, such provision will not invalidate the remaining provisions of this Deed and such provision of the Deed will be amended or deleted as necessary to comply with the Applicable Law.
  67. Nothing contained in this Deed will require the Grantor to pay or for the Grantee to accept interest in an amount greater than that allowed by Applicable Law. If the payment of interest or other amounts under this Deed would otherwise exceed the maximum amount allowed under Applicable Law or violate any law as to disclosure or calculation of interest charges, then the Grantor's obligations to pay interest or other charges will be reduced or amended to the maximum rate or amount permitted under Applicable Law.
  68. Joint Signatures
  69. If the Grantor is more than one person or legal entity, each person or legal entity who signs this Deed will be jointly and severally bound to comply with all covenants and obligations of the Grantor and the said covenants and obligations will bind all of the Grantor's successors and permitted assigns. The Deed will enure to the benefit of the Grantee and the Grantee's successors and assigns.
  70. Statutory Covenants
  71. The covenants contained in this Deed are additional and supplemental, to the extent permitted by law, to the covenants set out in the Applicable Law regarding security deeds.
  72. Substitute Grantee
  73. The Grantee may, at its option, from time to time appoint a new Grantee by an instrument executed and acknowledged by the Grantor and recorded in the office of the recorder of the county in which the Property is located. The instrument will contain the name of the original Grantee and Grantor, the book and page where the Deed is recorded and the name and address of the successor grantee. The successor grantee will succeed to all the title, powers, and duties conferred upon the Grantee.
  74. Demands and Notices
  75. Any notice given by either party in this Deed must be in writing. Unless otherwise provided in this Deed or prohibited by law, where this Deed allows or requires the Grantee to make a demand on or give a notice to any person (including the Grantor), the Grantee will make the demand or give the notice by:
    1. delivering it to the person at the Property or person's last known address;
    2. by mailing it by prepaid registered mail addressed to the person at the Property or the person's last known address;
    3. by sending it by facsimile to the person's last known number; or
    4. where the person is a corporation, by so delivering or sending it to the last known address or number of a director, officer, employee or attorney of the corporation.
  76. Any party in this instrument whose address has changed are responsible for notifying the other respective parties of the change in address.
  77. Any notice or demand delivered as described will constitute as sufficient delivery. Any notice, demand, mail and facsimile (the "Notice") made will constitute as being effective on the same day that it was sent, unless the day in which the Notice was sent falls on a national holiday, Saturday or Sunday, in which case, the next business day would be considered as the day of receipt.

IN WITNESS WHEREOF the Grantor has duly affixed his or her signature under hand and seal on this 10th day of June, 2026


_________________________
_________________________
(Grantor)

Grantor Acknowledgment


STATE OF GEORGIA

COUNTY OF ____________________

I, ____________________, a Notary Public, do hereby certify that _________________________ personally appeared before me this 10th day of June, 2026 and acknowledged the due execution of the foregoing Security Deed.


_________________________________
Notary Public
State of Georgia

My commission expires: ______________
Last updated April 28, 2026

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

How does a Deed of Trust work?

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First, a lender has to agree to give a borrower money to buy real property, meaning immovable property like land or a house. Usually, the parties will use a Promissory Note to outline this arrangement.

Next, the parties use a Deed of Trust to secure the loan and protect the lender’s interests. The Deed of Trust transfers a property’s legal title to an independent trustee.

Throughout the repayment period, the trustee holds the legal title, and the borrower holds the equitable title of the property. The equitable title is the right to use and enjoy the property.

When the loan is fully repaid, the lender directs the trustee to use a Deed of Reconveyance to transfer the property’s legal title to the borrower.

If the borrower doesn’t repay the loan, the property can be put up for sale as long as the Deed of Trust contains a power of sale clause and proper notice and deadline requirements are met. Typically, lenders require Deeds of Trust to include a power of sale clause.

How do you get a Deed of Trust?

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Use our Deed of Trust template to quickly and easily create your document. Our template is customized to your state’s laws and will ask you for the following information:

  • The borrower, lender, and trustee’s names and addresses
  • The property address
  • The amount being borrowed
  • The interest rate
  • The interest adjustment date
  • The frequency of principal and interest payments
  • The payment amounts and due dates
  • The due date of the final payment

The loan repayment terms should match those outlined in the initial Promissory Note.

In your Deed of Trust, there are also options to include an annual prepayment of principal and a prepayment of entire principal.

The annual prepayment of principal option allows the borrower to prepay a percentage of the principal amount each year before the payment is due.

The prepayment of entire principal option allows the borrower to prepay the entire remaining principal of the trust before the end of the term.

If your state requires you to use a mortgage instead, our template will direct you to our Mortgage Agreement template.

Deed of Trust versus mortgage

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Even though Deeds of Trust and mortgages are similar in function, there are some important distinctions between them. Let’s explore their key similarities and differences.

Similarities

Here are some similarities between Deeds of Trust and mortgages:

1. Basic purpose

Deeds of Trust and Mortgage Agreements serve the same basic purpose. They’re both agreements that empower lenders to foreclose on borrowers' property if they don’t pay. With both documents, a property’s title is essentially collateral (security) for the loan.

2. Option for guarantor

Both Deeds of Trust and mortgages can involve a guarantor, the person jointly liable for the loan if the trustor defaults. Having a guarantor is not necessarily a requirement, although a lender may require a borrower to have one.

3. State governed

State laws decide which type of contract the parties have to use. In some states, you must use a mortgage. In others, you have to use a Deed of Trust. Some states allow you to use either.

Differences

Here are some differences between Deeds of Trust and mortgages:

1. Number of parties

A mortgage is between two parties, the borrower and the lender. A Deed of Trust has three parties, the borrower, lender, and trustee.

2. Foreclosure process

When a Deed of Trust includes a power of sale clause and the borrower defaults, the lender has the right to foreclose on the property. Deeds of Trust have a non-judicial foreclosure process, meaning the lender does not have to go through the court system to sell the property.

Alternatively, if a borrower has a mortgage and is facing foreclosure, the case might need to go through the court process because mortgages often have a judicial foreclosure process.

Going through the court system takes much more time and money for both the borrower and the lender. Therefore, using a Deed of Trust may be preferable for lenders in states where you can use either a Deed of Trust or a Mortgage Agreement.

Deed of Trust versus Warranty Deed

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A Warranty Deed guarantees that a property’s title is free from encumbrances while transferring its ownership.

A Deed of Trust transfers a property’s ownership to a trustee, guaranteeing that a lender will get paid back during financed real estate transactions.

What states allow you to use a Deed of Trust?

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In the following table, check out which states allow you to use a Deed of Trust.

State Uses Deeds of Trust Uses Mortgage Agreements
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Do you need to notarize and record a Deed of Trust?

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To execute a Deed of Trust properly, the parties need to sign in the presence of a notary public. Signing with a notary public ensures that the parties understand the nature of the agreement. It also guarantees that the signatures are authentic.

The deed of trust must be recorded as evidence of and security for the debt. Generally, this means going to the recorder or local county clerk’s office where the property is located. The borrower, lender, and trustee should all keep a copy of the recorded document.

What happens when a Deed of Trust is paid off?

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When a buyer fully repays their loan, the lender should direct the trustee to use a Deed of Reconveyance to transfer the property’s legal title to the buyer.

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  • Estate planning documents: $35/month
  • Business documents: $45/month

1-Year Pro Subscription

Unlimited access to all documents. Renews annually at $155.88/year.

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If you don't need access to all documents, you can purchase Essentials Access, which provides unlimited access to a specific category of documents for one year, renewing annually.

  • Real estate documents: $107.88/year
  • Estate planning documents: $107.88/year
  • Business documents: $131.88/year

Single Document License

Access to one document. One-time charge of $7.50 – $119.

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