What is a deed of trust?

A deed of trust is a legal document used in property law in California that establishes an agreement between a borrower and a lender. It is often used in the context of real estate transactions, as it ensures that if the borrower fails to make payments on their loan, the lender still has a legal right to the property. A deed of trust establishes a “trustee” who holds the title to the property in trust. The trustee is responsible for ensuring that the lender is paid according to the terms of the loan agreement. In most cases, the trustee must take action to foreclose on the property if the borrower fails to make the required payments. The deed of trust also outlines the obligations of the borrower to the lender. These include paying a certain interest rate on the loan, making payments at agreed-upon intervals, and any other conditions that have been negotiated. Before signing a deed of trust, it is important to read it carefully and make sure that the borrower fully understands their responsibilities under the agreement. In California, the deed of trust is typically recorded in the county’s public records so that it is binding on the parties. It is an important legal document and should be handled with care.

Related FAQs

What is the difference between a restrictive covenant and a zoning ordinance?
What is a deed of cross-conveyance?
What is a covenant of warranty?
What is a court ordered partition?
What is a deed of quitclaim?
What is the Uniform Fraudulent Transfer Act?
What is the rule against perpetuities?
What is a right of first refusal?
What is a deed?
What is a pre-existing non-conforming use?

Related Blog Posts

What You Need to Know About Property Law - July 31, 2023
Property Law: What to Look Out For When Purchasing Real Estate - August 7, 2023
Understanding the Basics: A Guide to Property Law - August 14, 2023
Common Types of Property Law Cases - August 21, 2023
The Impact of Property Law on Real Estate Transactions - August 28, 2023