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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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React & Act: What is second-mortgage debt? - California Watch


California Watch

React & Act: What is second-mortgage debt?
California Watch
Michael Short/California Watch Oscar Trejo lives in this San Jose home. Heritage Pacific Financial sued Trejo to keep a bankruptcy judge from erasing an $88000 second-mortgage note against a house Trejo lost through foreclosure in 2008.
Borrower's "show me the note" argument fails to halt foreclosureLexology (registration)

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MERS Has Power To Assign Interest in Deed of Trust, California Appeals Court Rules - JD Supra (press release)


MERS Has Power To Assign Interest in Deed of Trust, California Appeals Court Rules
JD Supra (press release)
by Ballard Spahr LLP on 5/22/2012 The California Court of Appeal has ruled that the Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust. In its May 17, 2012, ...

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Public Notices, May 17 - San Fernando Valley Sun


Public Notices, May 17
San Fernando Valley Sun
The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, ...

and more »

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Public Notices, May 3 - San Fernando Valley Sun


Public Notices, May 3
San Fernando Valley Sun
Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said ...

and more »

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Realtors travel to Sacramento to meet with legislators - San Jose Mercury News


Realtors travel to Sacramento to meet with legislators
San Jose Mercury News
Realtors oppose provisions in these measures that will: 1) force those filing a Notice of Default to certify the chain of title of the note and mortgage or deed of trust; 2) create a very broad definition of a "robo-signed document" and impose civil ...

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