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Understanding Deed of Trust and Mortgage
Written by Donthi Anand   
Friday, 08 August 2008 13:52
Before owning a property or a home it is necessary to have a thorough understanding with various terms and documents that are used in the matters of real estate law. Such real estate law documents differ from state to state and it is advisable to have a great deal of knowledge before purchasing a home.
by DonthiAnand


Before owning a property or a home it is necessary to have a thorough understanding with various terms and documents that are used in the matters of real estate law. Such real estate law documents differ from state to state and it is advisable to have a great deal of knowledge before purchasing a home.

A major difference of real estate documentation is, if the state uses a deed of trust or mortgages. The deed of trust involves three parties and makes the process of foreclosure faster and easier. A deed of trust is much similar to a mortgage.

Upon taking a mortgage loan the home owners enter into a deal between themselves and the lender. Throughout the mortgage period the deed of the home remains in the possession of the home owner. As per the mortgage agreement if a home owner defaults home loan repayments, the lender will have no choice except for going through a long process of foreclosure.

Mortgages are taken out as a way to secure debt against the home or for other reasons that will depend upon the home owner and their unique situation. Mortgages are made between two people, the lender and the home owner

Unlike Mortgages a deed of trust requires three parties: the home owner, the lender and the trustee. The trustee is responsible for holding the deed until the initial agreement is fulfilled, either by the home owner by completing all of the payments or by the lender having to foreclose on the property. The process of foreclosure of a home on a deed of trust is much speedier and easier than that of a home with a mortgage.

When a home owner with a deed of trust defaults to make payments, then the lender may initiate the foreclosure process as this does not involve the courts. Such a quick and low cost foreclosure facilitates the lender to regain any losses accrued at the earliest, whereas a mortgage requires a judicial foreclosure and needs the intervention of courts.

The differences between mortgages and deeds of trust may seem negligible but the differences that do exist can be of great importance to home owners. Before buying a home see if your state uses mortgages or deeds of trust. If you are uncomfortable with a mortgage then do not buy a home in a state that does not use deeds of trust. The same is true if you are uncomfortable with deeds of trust. You cannot choose which document you get to use so find out which states use one or the other.

You can avoid having your home foreclosed provided you understand your legal rights and obligations when you chose deed of trust home ownership. Under mortgage home ownership when the lender takes you to the court you will have very little time to fight the judicial foreclosure proceedings.

About the Author:

Donthi Anand has authored Home Mortgages e-book. Find more informative articles on Deeds Of Trust and also get a free special report on Mortgage Insurance.
 


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