trust deed

Primary tabs

Trust deed (commonly referred to as a deed of trust) is a type of secured real-estate transaction that some states like California and Massachusetts use instead of mortgages. See State Property Statutes.

To finance property renovations or other projects, borrowers can get money from lenders by giving the lender one or more promissory notes. As security for the promissory notes, the borrower transfers a real property interest to a third-party trustee. Should the borrower default on the terms of her loan, the trustee may take full control of the property to correct the borrower's default.

Usually, the trustee is a title company. In most states, the borrower actually transfers legal title to the trustee, who holds the property in trust for the use and benefit of the borrower. In other states, the trustee merely holds a lien on the property. See Estates and Trusts.

Deeds of trust almost always include a power-of-sale clause, which allows the trustee to conduct a non-judicial foreclosure—that is, sell the property without first getting a court order. This benefits lenders because they can foreclose on the property much quicker and usually cheaper than having to get a court order which can take years in some states. See Foreclosure.

For example, in a typical home loan, the borrower is the person buying the home, the lender is a bank, and the trustee is a title company. The borrower makes monthly payments to the bank. If the borrower goes into default, the title company initiates a non-judicial foreclosure as the bank's agent.

[Last updated in September of 2021 by the Wex Definitions Team]