Deed In Trust Vs Deed Of Trust In Tarrant
Description
Form popularity
FAQ
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.
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.
A deed of trust, also called a trust deed, is the functional equivalent of a mortgage. It does not transfer the ownership of real property, as the typical deed does.
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. Trustee's Deed - A deed executed by a trustee conveying land held in a trust.
Where to Get a Deed of Trust? To get a Deed of Trust, you must file the proper paperwork with the proper court as generally outlined above. These documents must be filed with the county clerk or recorder, and the lender typically sends them to the recording office after the property closing.
Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. To ensure a legal change to the property title, you'll want the services of an attorney. A qualified attorney will prepare and file the real estate transfer deed.
After the deed has been signed and notarized, the original needs to be filed and recorded with the county clerk in the county where the property is located. You can mail the deed or take it to the county clerk's office in person. Only original documents may be recorded.
Texas doesn't require you to record your trust. As long as it's signed, notarized, and properly funded, it's valid.
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.
ANSWER: The lender, which is the beneficiary under the trust deed, CANNOT also be the trustee, under California law.
