Deed of Trust
Secure a loan against land by conveying it to a trustee, with the borrower's promises and the default process.
Secure a loan against real property through a trustee.
- Personal & business / Legal document
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- The document as a file you download
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- A standard version you complete yourself
- An instrument affecting land is normally recorded with the county where the property is, and a county may require its own cover sheet, margins, print size or additional statements before it will accept one. Check what your county recorder asks for; the file you download is a complete blank-field version of the instrument to complete and take there.
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Key features
The debt secured
The note or loan agreement by date and amount, plus interest and costs, repayment dates and any further advances.
The borrower's promises
Paying taxes and assessments, insuring with the lender named, keeping repair, not removing or further charging the property without consent.
Escrow and damage
Whether the borrower pays towards taxes and insurance with each payment, and how insurance money for damage is applied.
Default
What counts as default, the written notice the lender must give and how what is realised is applied.
The trustee and reconveyance
The trustee acts as the deed provides, a successor may be appointed, and the property is reconveyed when the debt is paid.
About this document
A deed of trust secures a loan with real property. The borrower conveys the property to a trustee in trust to secure the debt, the note or loan agreement is identified, the repayment terms are set out and the borrower promises to pay taxes, insure and maintain the property. It covers default, the trustee's role and reconveyance when the debt is paid.
This blank form is signed by the borrower, any spouse, the trustee and the lender, with optional witness lines and a notary page. Deeds of trust are used in some states and not others, and the process on default, including notice, sale and borrower protections, is set by state law, so the form leaves those periods to you and points to the procedure that applies where the property is. Ask a lawyer before using it.
Is this document right for you?
Useful when
- You are lending against land in a state that uses deeds of trust
- You are borrowing and want the security terms in writing
- A lender or title company asks for a deed of trust
Commonly used by
- Private lenders
- Borrowers and buyers
- Small investors
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Alternatives
These are separate documents, for different jobs.
- Promissory notesA written promise to repay a sum of money.View document
- Deed of ReconveyanceReturn title to the owner once a secured loan is paid off.View document
- Land ContractSell land with the buyer paying in installments over time.View document
- Personal loan agreementsPut money lent between people on clear terms.View document
When to use this
- A seller finances a sale and holds a deed of trust
- A private lender secures a loan on a house
- A borrower grants security for a business loan
What happens next
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More in Real Estate Transactions & Transfers
- Gift deedFormally give property to someone as a gift.View document
- Property sale agreementsSet the terms for selling a property.View document
- Property purchase agreementsSet the terms for buying a property.View document
- Property transfer documentsTransfer ownership of a property to someone else.View document
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Questions
About the deed of trust
Usually the deed of trust secures a debt recorded in a note or loan agreement, which the form identifies. See Promissory notes.
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