What is a deed of trust and how does it affect a real estate dispute?

A deed of trust is a document used in South Carolina real estate law that involves transferring the title of a piece of property to a trustee for the benefit of a lender, such as a bank. This document gives the lender a legal right to the property if the borrower does not repay the loan on time. This document is also known as a security deed or a mortgage. A deed of trust can affect real estate disputes in a few ways. First, it can be used to prevent or resolve a foreclosure. If a borrower fails to make payments on their mortgage, the lender can use the deed of trust to take control of the property, either by foreclosing on it or through a short sale. Second, a deed of trust can be used in a real estate dispute between two parties. If there is a dispute over who owns a specific piece of property, either the owner of the property or the owner of the deed of trust can take legal action to resolve the dispute. Finally, a deed of trust can be used to protect both the lender and the borrower in a real estate dispute. By having a deed of trust, the lender is secured if the borrower does not make payments on time. Additionally, if a dispute arises, the deed of trust can be used to provide evidence that the borrower has a legal right to the property.

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