deed of trust

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deed of trust

A lawyer reviews a deed of trust with a client.

Definition
  1. Noun:
    • A legal document that transfers property to a trustee: A "deed of trust" is a written legal instrument that conveys the title of a property to a neutral third party (a trustee). This is typically done to secure a loan, such as a mortgage or promissory note, for the benefit of a lender (the beneficiary). If the borrower defaults, the trustee has the power to sell the property to repay the loan.
Usage
  • The term "deed of trust" is used primarily in real estate and finance contexts to describe a specific type of security instrument. It functions similarly to a mortgage but involves three parties (borrower, lender, trustee) instead of two (borrower, lender).
  • It is a formal, legal term.
Examples
  • Noun:
    • The bank required a deed of trust to be recorded against the property as security for the loan.
    • Upon signing the deed of trust, the borrower (trustor) conveyed the property title to the trustee.
Advanced Usage
  • "To be in deed of trust": A property that is secured by this instrument.
    • The house is currently in deed of trust to secure the construction loan.
  • "To reconvey a deed of trust": The action of the trustee returning the title to the borrower once the loan is fully paid.
    • The title company will issue a deed of reconveyance after the final mortgage payment.
Variants and Related Words
  • Trust deed: A common synonym for "deed of trust." The terms are often used interchangeably.
    • The trust deed was filed with the county recorder's office.
  • Deed (n): A broader term for any written legal document that conveys an interest, right, or property.
  • Mortgage (n): A more common two-party security instrument for a loan, often contrasted with a three-party deed of trust.
Synonyms
  • Security deed: (Regional, e.g., in some U.S. states) Another term for a deed of trust.
  • Trust indenture: A related but often more complex trust agreement, sometimes used in corporate finance.
Related Phrases
  • Deed of trust with power of sale: Specifies that the trustee has the authority to sell the property without court proceedings if the borrower defaults.
    • The deed of trust with power of sale allows for a non-judicial foreclosure.
Related Idioms
  • This is a precise legal term and is not typically used in idiomatic expressions.
deed of trust

A lawyer reviews a deed of trust with a client.

Noun
  1. a written instrument legally conveying property to a trustee often used to secure an obligation such as a mortgage or promissory note

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