No trustee acting, or purporting to act, in the execution of the trusts hereby declared shall be liable for any loss not attributable to that trustee's own dishonesty, or to the willful commission or omission by that trustee of any act known by that trustee to be a breach of trust; and, in particular, no trustee shall ...
Deeds of trust almost always include a power-of-sale clause, which allows the trustee to conduct a non-judicial foreclosure - that is, sell the property without first getting a court order.
There must be a granting clause, operative words of conveyance (e.g., “I hereby grant”); 6. The deed must be signed by the party or parties making the conveyance or grant; and 7. It must be delivered and accepted.
Power of Sale Clause A power of sale provision is a significant element of a deed of trust, as it states the conditions when a trustee can sell the property on behalf of the beneficiary. Typically, this predicts when you will be delinquent on your mortgage.
A deed of trust will include the same type of information stated in a mortgage document, such as: The identities of the borrower, lender, and trustee. A full description of the property to be placed in trust. Any restrictions or requirements on the use of the property while it is in trust.
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...