![]() That said, there are also some similarities. The terms “deed of trust” and “mortgage” are often used interchangeably, but they’re really two different things. States that allow power of sale foreclosures include: Alabama, Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wyoming. ![]() If you want to formally fight the foreclosure, you’ll need to hire a lawyer. Still, if you’re facing a nonjudicial foreclosure, it can happen in a matter of months. That said, you won’t be foreclosed on overnight under a power of sales clause the exact process differs by state and lender. This allows for a much faster foreclosure process than if your lender had to involve the state courts in a judicial foreclosure. Instead, the alienation clause would dictate that the loan must be paid in full if you sell the property.ĭepending on your state, the deed of trust may also include a power of sales clause. If you fail to do so under the terms outlined in the acceleration clause, the next step is formal foreclosure proceedings.Īn alienation clause is also known as a due-on-sale clause and it prevents anyone who buys the property to take on the loan under its current terms. Depending on the terms, this can happen after missing just one payment, though lenders often give a few months of leeway to allow the borrower to catch up on payments. ![]() If you’re delinquent on your loan, it can trigger the acceleration clause-essentially a demand for immediate repayment of the loan. It’s common for a deed of trust to include acceleration and alienation clauses. Any riders regarding the clauses outlined.Various clauses, such as acceleration and alienation clauses.The inception and maturity dates of the loan.The original loan amount and repayment terms.The names of the parties involved (the trustee, trustor and beneficiary).Typically, you’ll find the following outlined in a deed of trust: What Is Included in a Deed of TrustĪ deed of trust includes many important details about your property, loan and related terms and conditions-much of the same information you would find in your mortgage. If you fail to meet your payment obligations and default on the mortgage, the property would go into foreclosure, and the trustee would be responsible for selling the property. If you sell the property before it’s paid off, the trustee will use proceeds of the sale to pay the lender the remaining balance (you keep the profits). Once you’ve paid off your loan, the trustee is responsible for dissolving the trust and transferring the title to you. Trustees often are title companies, but not always. The trustee holds the legal title of the property while you’re making payments on the loan. Usually, that’s the lender, though it also can be an individual with whom you have a contract. The beneficiary is the party whose investment interest is being protected. That means you enjoy all the benefits of being the homeowner, such as the right to live there and gain equity, even though you aren’t the legal title holder. Even so, you remain the equitable owner as long as you keep paying the loan according to the terms outlined in the deed of trust. The title to your home is held by the trust until the loan is paid off. ![]() This is the person whose assets are being held in the trust, also known as the borrower (i.e., you). The three parties involved in a deed of trust for a real estate transaction are a: There are three parties involved in a deed of trust: the trustor, the beneficiary and the trustee. How Does a Deed of Trust Work?Ī deed of trust exists so that the lender has some recourse if you don’t pay your loan as agreed. Deeds of trust are recorded in public records just like a mortgage. Essentially, it states that a designated third party holds legal title to your property until you’ve paid it off according to the terms of your loan. It works similarly to a mortgage, though it’s not quite the same thing. states, while a deed of trust is only available in some states.Ī deed of trust is a legal document that secures a real estate transaction. You can take out a mortgage in all 50 U.S. When you finance the purchase of a property, you will sign either a mortgage or deed of trust-but not both.
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