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A trust deed is a real property security instrument created by statute. The relevant statute is the Oregon Trust Deed Act, ORS 86.705-86.795.When the grantor (the property owner) pays the debt owed to the beneficiary (the lender), the trustee re-conveys the property back to the grantor.
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,
The following states may use either Mortgage Agreements or Deed of Trusts: Colorado, Idaho, Illinois, Iowa, Maryland, Montana, Nebraska, Oklahoma, Oregon, Tennessee, Texas, Utah, Wyoming, Washington, and West Virginia.
(2) Beneficiary means a person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person's successor in interest, and who is not the trustee unless the beneficiary is qualified to be a trustee under ORS 86.713 (Qualifications of trustee) (1)(b)(D).
A Deed of Trust is a type of secured real-estate transaction that some states use instead of mortgages.A deed of trust involves three parties: a lender, a borrower, and a trustee. The lender gives the borrower money. In exchange, the borrower gives the lender one or more promissory notes.
A deed conveys ownership; a deed of trust secures a loan.
Whether you have a deed of trust or a mortgage, they both serve to assure that a loan is repaid, either to a lender or an individual person. A mortgage only involves two parties the borrower and the lender. A deed of trust adds an additional party, a trustee, who holds the home's title until the loan is repaid.
In financed real estate transactions, trust deeds transfer the legal title of a property to a third partysuch as a bank, escrow company, or title companyto hold until the borrower repays their debt to the lender. Trust deeds are used in place of mortgages in several states.