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Once the promissory note is signed and the loan is enacted, the deed of trust is held by the third party trustee until the loan is entirely paid off. Once the loan is satisfied, the deed of trust is transferred to the borrower. The promissory note, meanwhile, is held by the lender until the loan is satisfied.

Deed of Trust Versus Promissory Note A deed of trust often requires a promissory note, but the promissory note is a specific document type. While a deed of trust describes the terms of debt as secured by a property, a promissory note acts as a promise that the borrower will pay the debt.

A deed of trust is a legal agreement that's similar to a mortgage, which is used in real estate transactions. Whereas a mortgage only involves the lender and a borrower, a deed of trust adds a neutral third party that holds rights to the real estate until the loan is paid or the borrower defaults.

There are two basic types of Deeds of Trust, the Long Form and the Short Form. The Long Form, which could be 20-30 pages long, is the one used by institutional lenders. The Short Form is the one that is most usually prepared by your Escrow Officer.

A promissory note is a kind of IOU that's secured by property, often property that the borrower owns. This type of loan secures the repayment from the borrower by coupling the deed of trust with the promissory note. The deed of trust acts as a promise from the borrower to repay the loan.

If your circumstances change any you are no longer able to make your payments, your Trust Deed may fail and you will still be liable for your debts or even forced into bankruptcy.

With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrower's promise (hence the name) to pay.

With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrower's promise (hence the name) to pay.

A deed conveys ownership; a deed of trust secures a loan.

A deed of trust includes most of the same information as a mortgage, This includes:A legal description of the property used as security for the mortgage. The names of parties: trustee, trustor, and beneficiary. The inception and maturity dates of the loan.