Deed of trust

Definition

A deed of trust is a security instrument that gives the lender rights in the property if the loan is not repaid. Official consumer material also calls it a mortgage or security instrument. It is not the ownership deed.

In plain English

The paper that lets a lender start foreclosure if the loan is not paid is not the same paper that transfers title. In many states that security paper is called a deed of trust. The promissory note is the promise to repay. The ownership deed changes who owns the home.

Technical definition

CFPB’s official security-interest page says the document granting that interest is commonly called a mortgage or a deed of trust. That official naming is PRIMARY. The closing-process page is supporting context.

Why it matters

People hear deed and deed of trust and think they are the same document. They answer different legal jobs.

Commonly confused with

Sources reviewed

Important note

This page names the security instrument. It is not a foreclosure-procedure guide.