Deed of Trust

Welcome to the Deed of Trust Blog

The Deed of Trust blog is dedicated to share resources and information on the subject of deed of trust as well as other forms of deeds.

What is a deed of trust?

A deed of trust is the legal document used in some states to secure the title of a real estate property instead of a mortgage. In a deed of trust state, when the borrower buys a property, the title of the real estate property is conveyed to a trustee, who is a neutral third party, rather than to the borrower. The borrower has the equitable title to the property whereas the lender has the legal title.

The deed of trust is widely used in many real estate transactions. On this Deed of Trust website, we discuss many aspects evolving around deed of trust. A deed of trust is either void or voidable. A void deed of trust is not enforceable and the lender no longer has the right to claim the legal title of the property.

Many real estate properties nowadays are owner financed. A deed of trust owner finance is more and more common. The owner can sell the property with a deed of trust owner finance allowing many more people to become homeowners. Without the concept of deed of trust owner finance, a smaller number of people will be able to afford to own real estate properties. Not all is lost for the owner since in a deed of trust owner finance deal, the owner gets paid the principal and interest regularly creating cash flow for him or her.

With the differences between a deed of trust state and a mortgage state comes the differences between a deed of trust foreclosure and a mortgage foreclosure. California is one of the states that has both California deed of trust foreclosure and mortgage foreclosure. We discuss both aspects of foreclosures on our website.

Question: If I receive a property tax bill in my name does that mean i own the property?

My mom passed away and my uncle filed her will in probate court, In her will she willed her home to me. Shortly after, I started receiving a tax bill for the home she willed to me, because of this I assumed that the house was mines. I had durable power of attorney before my mom passed away so I was paying her bills. one of thoes bills was a deed of trust on that house that was willed to me. So out of habit I continued to pay the loan on that house not knowing that the bank needed to be notified of her passing. This i've done for a number of years. So where do I go from here? Please help, thanks!

Answer: Yes you own the property being named as a beneficiary on the deed of trust. The lender does in fact need to be notified and will either give you a demand notice (forcing you to refinance the house in your name), but more likely will simply add you to the existing mortgage. Just tell them the truth.

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Question: Recovery - AA Step 3 advice?

I couldn't have made it this far without my Higher Power in my life. I'm on Step 2, but am having a bit difficulty understanding Step 3 - exactly what actions and thinking patterns I must maintain to live according to God's will, and not my own. I know I can't trust myself, but is acting in God's will as simple as doing "the next right thing" or just "being good" for the sake of a good deed, and not my own selfish benefit?

Answer: Live according to Gods will, not your own. Under our own, we will do exactly what got us in trouble in the first place. As people we are needy, quick fix minded, and dependent on others/other things.
We need to trust in God.
Good luck to you buddy!

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