In real estate transactions, a trust deed transfers the legal title of a property to a third party until the borrower repays their debt to the lender. Some states allow both mortgages and deeds of trust.A main difference is that a mortgage foreclosure proceeding needs to go through the courts. Use our Deed of Trust to create a contract in which a third-party holds property until a borrower pays back debt to the lender. A deed of trust, also called a trust deed, is the functional equivalent of a mortgage. 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. 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. Essentially, both state that the borrower will repay the loan. Print or download in minutes.