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If real property is utilized to secure a loan, it is usually achieved by executing a mortgage or, in California, a Deed of Trust. A mortgage is a document that allows the creditor, who is unpaid, to proceed to court to force the sale of the property to pay off the debt.
A deed of trust is a commonly used mortgage document in California. Essentially, a deed of trust provides a lender with security for the repayment of the loan and effectively functions similarly to a mortgage.
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, ...
This type of borrowing is called a first mortgage loan. There are also mortgage loans that can help out with down payment or closing costs, called junior loans. CalHFA has first and junior loan options for low to moderate income families, including low to zero interest rate down payment assistance loans.
In financed real estate transactions, trust deeds transfer the legal title of a property to a third party?such as a bank, escrow company, or title company?to hold until the borrower repays their debt to the lender. Trust deeds are used in place of mortgages in several states.
Revocable Living Trust: Real estate in California can be held by a revocable living trust. Title to the California real estate is held by the Trustee or Trustees of the trust who retains complete control over the trust and has complete power of direction over the real property.
The Pattern Today Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word ?grant? is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
A deed of trust is an agreement between a home buyer and a lender at the closing of a property. The agreement states that the home buyer will repay the home loan and the mortgage lender will hold the property's legal title until the loan is paid in full.