A deed of trust or a trust deed is a legal document used in financed real estate transactions as an alternative to mortgages in certain states. A warranty deed guarantees that a seller owns the property free and clear of liens.Some states allow both mortgages and deeds of trust. A main difference is that a mortgage foreclosure proceeding needs to go through the courts. Carolina, the trustee named in a deed of trust holds legal title to the real property granted therein as security for the note obligation. Required elements for a document to be an insurable Deed of Trust: a. Must be in writing. b. If you are listing property titled in the name of a trust, you can certainly show that trust as Seller in your listing agreement. Yes, a deed of trust is essentially just a mortgage for a loan on a piece of property. A Deed of Trust is the loan on the property, and a Title expresses the actual ownership of a property.