Loans that are secured by a deed of trust often include repayment terms that extend for several years or more.
From a lender’s perspective, a loan secured by a deed of trust is a fairly safe investment when the value of the real estate is sufficient to repay the loan in the event of a borrower's default.
When a loan is obtained to purchase real estate, a deed of trust is often used to give the lender rights in the real estate to secure repayment of the loan.
An assignment of deed of trust is used by a lender when it sells its loan secured by a deed of trust.
The deed of trust contains the legal description of the property and the terms of the loan, such as the interest rate, loan amount and term.
It also identifies the borrower and lender, as well as the legal provisions that explain the rights and responsibilities of each party to the agreement, including trustor obligations, beneficiary rights and trustee duties.
Property rights in real estate are valuable and invariably the subject of a legal document called a deed.
To transfer ownership rights in real estate, a grant deed is commonly used.
When the document is properly recorded in the county, a lien is then placed on the property and is used as collateral for securing for the loan.
There are generally three parties to a deed of trust assignment of rents contract: trustor, trustee and beneficiary. The borrower has the traditional rights and privileges traditionally associated with the ownership of rental property, including collection of the rents. However, unlike a mortgage, the trustor does not take legal title to the property under the deed of trust.