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. Essentially, both state that the borrower will repay the loan. 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. A Deed of Trust is a legal document similar to a home mortgage. It guarantees a real estate transaction between a lender and a borrower. Missouri Security Instruments (Deed of Trust vs. Mortgage). Please describe the customary and permissible form(s) of security instruments used in your state.