Mortgage Glossary›Deed of Trust
Legal

Deed of Trust

A mortgage security instrument used in many states where a neutral third-party trustee holds legal title until the loan is fully repaid.

Full Definition

In states that use trust deeds (California, Texas, Colorado, and about 30 others), a deed of trust involves three parties: the borrower (trustor), the lender (beneficiary), and a neutral trustee. The trustee holds legal title to the property until the loan is paid off, at which point a reconveyance deed is recorded to return full title to the borrower. If the borrower defaults, the trustee can conduct a non-judicial foreclosure under the power of sale clause — typically faster and cheaper than judicial foreclosure. In the remaining states, a traditional mortgage is used, involving only the borrower and lender, with judicial foreclosure required. The practical difference to most borrowers is minimal.

Related Terms

Legal
Mortgage Note (Promissory Note)
The legal document you sign at closing promising to repay the mortgage loan unde…
Loan Process
Foreclosure
The legal process by which a lender takes possession of a property after the bor…
Legal
Lien
A legal claim against a property that must be satisfied before the property can …

Ready to put this knowledge to work?

Whether you're buying a home or building a mortgage career, Lend Loft has the tools, training, and licensed support to get you there.

Get the Free MLO Blueprint →Explore MLO Academy