| Deed Of Trust Vs Mortgage | | Print | |
| Written by Donthi Anand | ||||||
| Thursday, 07 August 2008 | ||||||
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When owning a home it is important to be familiar with and understand the different terms and documents that are used in matters of real estate law. These documents vary from state to state and it is wise to do significant research into the real estate law of your state before buying a home.
When owning a home it is important to be familiar with and understand the different terms and documents that are used in matters of real estate law. These documents vary from state to state and it is wise to do significant research into the real estate law of your state before buying 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 as a way to secure debt against the home or immovable property or for any other reasons depending upon the needs of a homeowner and a mortgage agreement is made between two parties, 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. Homes purchased under deed of trust and upon homeowner's default to make payments, a lender initiates the process of foreclosure and this procedure does not involve the courts. Such a speedy and low cost foreclosure enables the lender to recover any accrued losses as early as possible. On the other hand homes purchased under mortgage require judicial foreclosure through courts. The differences between deed of trust and mortgage may appear to be negligible but whatever exists can be of great value to homeowners. Before buying a home see if your state uses mortgage or deed of trust. If you are not comfortable with a mortgage then do not buy a home in a state that does not use deed of trust and when you are uncomfortable with deed of trust then do not buy a home in a state that does not use mortgage. You have to find out which state uses mortgage or deeds of trust, as you don't have a choice. If you are going to have a deed of trust make sure you understand your legal rights and obligations to avoid having your home foreclosed. Unlike judicial foreclosures, the lender will not have to take you to court first and so you may have very little time to fight the proceedings. Article Author: Donthi Anand has rich experience in mortgages. Learn more from Deeds Of Trust website and also get a free special report on Mortgage Insurance.
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| Last Updated ( Saturday, 21 August 2010 ) | ||||||
