In Texas, a deed of trust, also known as a trust deed, is the commonly used instrument for the purpose of creating mortgage liens on real estate. A mortgage is an executed contract in which the legal or equitable owner of the real property pledges the title thereto as security for performance of an obligation.
A written instrument legally conveying property to a trustee, such as a bank, often for the purpose of securing a mortgage or promissory note.
The Beneficiary of a Deed of Trust is the Lender, and the Deed serves to protect their investment. The Trustor is the borrower. While the legal title on the property is put into a Trust, as long as timely and consistent payments are made, the borrower has equitable title.
How to say "Trust" in Spanish (Confiar)
Yes, you can sell a home with a Deed of Trust. However, just like a mortgage, if you're selling the home for less than you owe on it, you'll need approval from the lender.
Trust Deed - An instrument used to create a mortgage lien by which the mortgagor conveys his or her title to a trustee, who holds it as security for the benefit of the note holder (the lender); also called a Deed of Trust.
Disadvantages of a trust deed. You may lose your business banking facility. Some banks may withdraw your business account if you enter into a trust deed. You may also find it difficult to open a business account with another bank.
Most conveyancing solicitors do not differentiate between a deed of trust and a declaration of trust. Commonly, both terms are used to mean the same type of legal document.