A trust deed, formally known as a deed of trust, is used with mortgages in some states to streamline things in the event of foreclosure. As with normal mortgages, the lender may sometimes choose to assign, or transfer, the deed of trust to another lender. The assignment doesn't change the borrower's obligations under the deed of trust; she will be equally obligated to repay the new lender as well.
Deed of Trust
Mortgages using a deed of trust have the same legal effect as other types of mortgages: They allow a property buyer or owner to take out a loan that uses the property as security on that loan. But the deed of trust mortgage differs slightly by using a third party, the trustee, as part of the transaction. In order to secure the loan, the property owner transfers title in the property to the trustee via deed of trust. The trustee then holds the deed over the life of the mortgage.
Use of Deed
The trustee holds the deed of trust as evidence of his right to take title to the property on the lender's behalf if the borrower defaults, or fails to perform, on the loan. In a typical mortgage scenario, the lender must go to court for the right to foreclose on the property. In a deed of trust scenario, the lender gives the trustee the right to foreclose on the deed of trust by selling the property.
Assigning Trust Deeds
For financial benefit, lenders sometimes choose to sell their rights in deed of trust mortgages to other lenders. This process is known as assignment of the mortgage. Unless the language of the mortgage or deed of trust prohibits it, a lender may assign the deed of trust at any time over the life of the mortgage, and many mortgages go through several lenders over their lifetime.
Effect of Assignment
Assignment of a deed of trust will not affect the borrower's rights and obligations regarding the mortgage. The new lender will typically inform the borrower of the transfer, and the borrower may need to send mortgage payments to a new company, but otherwise, the assignment is not that significant from the borrower's end. If the borrower is unhappy about the assignment, she has several options: pay off the mortgage outright; take out a new mortgage with a different company in order to pay off the old one; or attempt to negotiate with the new lender to change the terms of the loan.
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