A Deed of Trust is a (security instrument securing the payment or satisfaction of any debt or other obligation.) (MRS 443.005) This is often considered a preferred method of financing real property because foreclosures are done non-judicially with no right of redemption, through a trustee sale, saving time (typically 60-90 days if uncontested) and expense. This Deed of Trust contains a "Power of Sale" clause, in the case of default the borrower(s) have pre-authorized the sale of the property. Without a "Power of Sale" a judicial foreclosure will likely have to be performed. (See 443.290 Mortgages and security agreements with power of sale)

The "Promissory Note" defines the terms of the loan, Principle owed, interest rate charged, default rate (interest charged if Note is in Default), late payment fees, etc.

These forms are flexible, use for residential, rental units, vacant land, small office and commercial. A "Special Provisions" section allows the lender to further customize the package to his/her needs. Can be used when existing liens are in place.

Fully formatted for recording. (See MRS 443.035. Recording of instrument required)
A Deed of Trust and Promissory Note that includes stringent default terms can be beneficial the lender/debt holder.

(Missouri DOT Package includes forms, guidelines, and completed examples)

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