Financing documents and deeds of trust Flashcards
The lender in a deed of trust
Beneficiary
A deed that a trustee signs and gives to the trustor (the borrower) to convey title back to the trustor when the loan (deed of trust) has been paid in full. Compare satisfaction of mortgage
Deed of reconveyance
Failure to fulfill an obligation, duty, or promise
Default
Occurs when a borrower pays off the death us voiding the deed of trust or mortgage
Defeasance
The pledging of the property to be the security for a loan without giving up possession of it
Hypothecation
A concept of financing where loans, such as real estate mortgages, are regarded as liens; title remains with the borrower and it’s not transferred to the lender
Lien theory
An instrument that evidence is a promise to pay a specific amount of money to a specific person within a specific time frame; a written, legally binding promise to re-pay a debt
Promissory note
The financing concept under which a lender holds legal title to property until the loan is repaid
Title theory
A3 party security instrument that conveys bear legal title to a trustee. The borrower, call the trustor, has equitable title. The lender is the beneficiary. In Arizona, a deed of trust is the common Lane instrument because it allows the lender to order the trustee to sell the property if the trust or defaults, thereby bypassing the judicial foreclosure procedure
Trust deed
And independent third-party that holds the security instrument in a deed of trust for the benefit of the lender
Trusty
The borrower under a deed of trust
Trustor