Instead of an agreement directly between a lender and a borrower, a trust deed places the title of a property in the hands of a third party, or trustee. Some states allow both mortgages and deeds of trust.A main difference is that a mortgage foreclosure proceeding needs to go through the courts. 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. (1) "Mortgage" includes a mortgage, deed of trust, or other instrument in the nature of a mortgage. And while there is usually no legal requirement to record the deed, most people do so to preclude any future claims in the chain of title. Essentially, both state that the borrower will repay the loan. This booklet from the CFPB must be delivered to the potential borrower not later than three days after receipt of a loan application. First, you'll need to prepare and sign a new deed for the property. You'll usually need a grant form or quit claim form to transfer the deed.