Essentially, both state that the borrower will repay the loan. Laws, cases, and web sources on the law of trusts in Massachusetts.Some states allow both mortgages and deeds of trust. A main difference is that a mortgage foreclosure proceeding needs to go through the courts. Yes, a mortgaged property can be put in a trust. Once a mortgaged property is transferred into a trust, the rules of the trust would apply to the real property. Virtually all mortgages in the US have a "dueonsale" clause to protect the bank from property transfers without their permission. A Deed of Trust is typically used in combination with a Promissory Note or Mortgage Agreement which sets out the amount and terms of the loan agreement. A deed of trust is a document that pledges real property to secure a loan. First, you'll need to prepare and sign a new deed for the property.