Trust Deed Vs Mortgages Flashcards

1
Q

All promissory notes are typically accompanied by

A

A Security Instrument

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2
Q

what are the security Instruments

A

there are 2 types
1. Trust of Deeds ( or Deed of Trust)
2. Mortgages

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3
Q

What are the two main types of Security Instruments used in Real Estate transactions

A
  1. Trust Deed ( or Deed of Trust)
  2. Mortgages
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4
Q

what is a Trust Deed or Deed of Trust

A

Instruments placing specific financial interest in title to real property into hands of disinterested 3rd party as security for a payment of note

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5
Q

In a Trust Deed the borrower is called the

A

Trustor

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6
Q

In a Trust Deed the lender is called the

A

Beneficiary

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7
Q

what is the beneficiary

A

the person who retains note and deed of trust

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8
Q

In a Deed of trust the Trustee is the

A

company/service that if you don’t pay as agreed, they will conduct a trustee sale

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9
Q

what type of foreclosures do trust deeds use

A

they use non judicial foreclosures

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10
Q

what does non judicial foreclosure mean

A

you don’t have to go to court to foreclose the home

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11
Q

who are mortgages signed by

A

by the borrower creating a voluntary lien on the property for the security of payment of the debt, evidenced by the promissory note

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12
Q

why is it hard to foreclose on a person with a mortgage

A

because mortgages are judicial foreclosures

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13
Q

In a Mortgage the borrower is called the

A

Mortgagor

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14
Q

In a mortgage the Lender is called the

A

Mortgagee

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15
Q

what does the mortgagee do

A

holds security interest in a property — usually in the form of a lien — in exchange for loaning money to the homebuyer.

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16
Q

When a borrower defaults on a mortgage, the lender may commence a

A

Judicial Foreclosure action