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How to Prepare a Deed of Trust (Real Estate Seller Financing Tutorial) YouTube Start of suggested clip End of suggested clip There's the promissory note and there's the deed of trust. The deed is the document that essentiallyMoreThere's the promissory note and there's the deed of trust. The deed is the document that essentially transfers ownership from the seller to the buyer.
Assignment of Note and Deed of Trust means an assignment of all of the Participating Lending Institution's right, title, and interest in a Note and Deed of Trust, in substantially the form provided in the applicable Lender's Manual.
A mortgage involves only two parties: the borrower and the lender. A deed of trust has a borrower, lender and a trustee. The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.
The promissory note is the promise to repay the loan funds to the lender. The deed of trust secures the house and land to the note and allows a lender to foreclose on a property if there is default. The most common default is failure to make the payments under the 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 borrower signs the promissory note in favor of a lender.
The Note is signed by the people who agree to pay the debt (the people that will be making the mortgage payments). The Deed and the Deed of Trust are signed by those who will own the property that is being mortgaged.
The promissory note could bear reasonable interest and be secured by the trust property. As discussed below, a promissory note is generally considered evidence of a loan transaction rather than the current payment of a specific amount.
A promissory note and deed of trust have one simple function to secure the repayment of a loan by placing a lien on the property as collateral. If the loan is not paid, then the lender has the right to sell the property. Both documents are used to make sure the seller secures the repayment of the loan.