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 an attached promissory note. It's similar to a mortgage but differs in that mortgages only include two parties (borrower and lender).
In the Commonwealth of Virginia, a Deed of Trust is the most commonly used instrument to secure a loan. Foreclosure can be done non-judicially, saving time and expense. This process is called a Trustee Sale.
There are three parties in this Deed of Trust:
1- The Grantor (Borrower)
2- Beneficiary (Lender) and a
3- Trustee (Neutral Third Party) (Our guidelines will show how to choose a Trustee at little to no cost)
Basic Concept. The Trustor (Borrower) conveys property title to a Trustee (Neutral Party). A Trustee or beneficiary/Lender can take an action against any person for damages.

Due on Sale Clause: It allows the lender to call or modify the loan if the borrower conveys/sells the property. ("Notice - The debt secured hereby is subject to call in full or the terms thereof being modified in the event of sale or conveyance of the property conveyed.") Required format where (any loan is secured by a mortgage or deed of trust on real property comprised of one- to four-family residential dwelling units.) (VA. Revised Statutes 6.2-417)

These forms are flexible, they can be used for financing residential property, agricultural property, rental property, condominiums, and or small office buildings, with or without existing liens and encumbrances.

A "Special Provisions" section is included for any information specific to your transaction.

The Promissory Note offers options of financing, conventional installments, or installments combined with a balloon payment, common with Owner Financing transactions. Late Charges and Default rates are set within.
(Any lender or seller may impose a late charge for failure to make timely payment of any installment due on a debt, whether installment or single maturity, provided that such late charge does not exceed five percent of the amount of such installment payment and that the charge is specified in the contract between the lender or seller and the debtor.) (6.2-400 (B))

In addition to any other remedies available to Lender if this Note is not paid in full at the Maturity Date, Borrowers shall pay to Lender an Overdue Loan Fee, which fee shall be due at the time this Note is otherwise paid in full. The "Overdue Loan Fee" shall be determined based upon the outstanding principal balance of this Note as of the Maturity Date and shall be:
(a) one percent (1.0%) Of such principal balance if the Note is paid in full on or after thirty (30) days after the Maturity Date but less than sixty (60) days after the Maturity Date, or
(b) two percent (2.0%) of such principal balance if the Note is paid in full on or after sixty (60) days after the Maturity Date.

A Deed of Trust secured by a Promissory Note that includes stringent default terms, can be advantageous to the Lender and favorable to Owner Financing.

(Virginia DOT Package includes forms, guidelines, and completed examples) For use in the Commonwealth of Virginia only.

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