A deed of trust (DOT) is a document that conveys title to real property to a trustee as security for a loan until the grantor (borrower) repays the lender according to terms defined in a promissory note. It's similar to a mortgage but differs - mortgages only include two parties (borrower and lender). In Texas a Deed of Trust is the preferred lending instrument.

There are three parties to a deed of trust: the borrower (grantor), the lender (beneficiary), and the trustee. The trustee, typically a title agency or other disinterested party, serves two purposes: to initiate the foreclosure process for the lender if the borrower defaults on the loan, and to transfer (reconvey) the property back to the borrower after the debt is paid in full.

This DOT includes a power of sale clause, this can be beneficial to the lender, saving time and expense in the case of a foreclosure. Sec.51.0074. DUTIES OF TRUSTEE.
(a) One or more persons may be authorized to exercise the power of sale under a security instrument.
(b) A trustee may not be:
(1) assigned a duty under a security instrument other than to exercise the power of sale in accordance with the terms of the security instrument; or
(2) held to the obligations of a fiduciary of the mortgagor or mortgagee.

Use these forms to finance real property; residential, rental, condominiums, vacant land, and planned unit developments. A promissory note secured by a deed of trust, that include stringent default terms can be beneficial to the lender, typical of owner financing, investor financing, etc.

(Texas Deed of Trust Package includes forms, guidelines, and completed example)

For use in Texas only.

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