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Notes: A Stepwise Guidebook on Completing Maryland Warranty Deed From Two Individuals And Trustee To Three Individuals Form Online

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The Definite Guide to Maryland Warranty Deed From Two Individuals And Trustee To Three Individuals Form

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Discover How to Fill Out the Maryland Warranty Deed From Two Individuals And Trustee To Three Individuals Form

hey everyone my name is paul vachesky.and welcome to the real estate classroom.youtube channel before we get started.please do me a favor give this video a.thumbs up hit that red subscribe button.click on the notification bell.in today's video we're going to discuss.what's called a deed of trust or.sometimes called a trust deed depending.on what part of the country you're.operating in.now i did a previous video on excuse me.the.promissory note and a mortgage.uh promissory note the mortgage and.adida trust.all kind of go hand in hand together so.if you have not.uh if you have not watched that video.yet i highly recommend that you go watch.that video first then come back to this.one.that will make this video make so much.more sense i'm going to put a link right.up here in the upper right hand corner.of your screen.to that video so that's my.recommendation all right so are you.ready let's talk about.deeds of trust in this video.[Music].so what is a deed of trust well like the.mortgage it is establishing.the collateral if you will for.the loan that the borrower is getting.from the bank.and depending on the state that the.property is located in.we're going to use a mortgage which we.talked about in that previous video.or we're going to use a d to trust all.right so in this video we're going to.discuss some key real estate terms that.you have to know.deed of trust trustee trust or.beneficiary equitable title.legal title deed of reconveyance.and non-judicial foreclosure those are.the key terms that we're going to.discuss in this video.so let's start with the definition of a.deed of trust and i have it on your.screen here.adida trust is an agreement it's an.actual document.between the lender and the borrower to.give the property to.a third party a neutral third party.who will serve as the trustee now the.borrower is the trustor.that's their legal name and the.disinterested third party.is called the trustee the trustee holds.title remember title and real estate is.ownership so the trustee holds.ownership to the property they actually.hold legal title to the property until.the borrower pays the debt off.during the period of repayment.the borrower has what's known as.equitable title and and the.trustee holds legal title.all right important distinction to.remember.when you're studying for your licensing.exam here's the way i like to explain it.if someone has legal title they have the.right to sell it or the right to.transfer title to somebody else.equitable title.simply means you have a future ownership.interest and you currently have the.right to.possess and the right to use adida trust.is a three-party relationship so.if you if you watch the the mortgage a.promissory note and mortgage video we.said the mortgage is a two-party.relationship where you have the.mortgagor who's the borrower.and the mortgagee who's the lender.when we're using adida trust it's a.three-party system.or a three-party relationship where we.have the trustor.who's the owner or borrower.we have the trustee who is the neutral.disinterested third party.typically they're attorneys or escrow.companies.and then we have the beneficiary who is.the lender.so what is the process here um well step.number one.the trustor who is the owner or the.borrower.uh they have a they have legal title in.that property.so they're going to transfer that legal.title literally using the deed to trust.to a trustee which is a disinterested.third party so they're actually.transferring ownership to that trustee.all right step two is upon transfer of.that.title remember the trustee that.disinterested third.party uh they actually now hold legal.title.and the trustor who is the borrower.they now have what's called equitable.title and remember.legal title gives somebody the right to.transfer title.and the equitable title allows.for use and occupy and possession all.right.so step two upon transfer of title the.trustee now has.legal title and the trust or has.equitable title.step three if the trust or.remember the trust or is the borrower if.the trustor.fulfills the terms of the agreement they.have paid off their.note uh they have no more payments then.the trustee is going to.reconvey ownership or title back to the.trust or.like it was in the very beginning and.they're going to use what's called a.deed of re-conveyance the deed of.reconveyance.will transfer or reconvey that ownership.back to the trust or.let's look at step four now if the trust.or who's the borrower.if they default on payments um.and a foreclosure has to happen here's.what happens.the beneficiary who is the bank that.borrowed the money.they're going to notify the trustee and.say listen.the the trustor has not made.the payments so please foreclose on the.property so the trustee who has.legal title to the property will then.use a process called a.non-judicial foreclosure we're going to.talk more about that in a minute.but that's if the trust trust or.defaults on payments.a lot of legal terms here but you just.have to know who they are.you have to know that the trustor is the.borrower or the owner of the property.you have to know the trustee is a.disinterested third party you have to.know.the beneficiary is the lender you just.have to know this process that i have.outlined on the screen.otherwise you really won't understand or.grasp the.trust the deed of trust process.all right so what's contained in that.deed of trust i did this for the.mortgage video where we pointed out what.kind of language and provisions and.clauses are included in that mortgage.well.the deed of trust is the same thing now.understand this.like the mortgage there's a promissory.note and then the mortgage the.promissory note is the promise to repay.a debt the mortgage is the collateral or.security for the loan in case of default.a trustee is kind of the same way where.the more the promissory note is a.promise to repay and the deed of trust.was the mechanism to.secure the collateral in case there's a.default now a promissory note.remember promissory note mortgage and.deed of trust are all.separate distinct individual instruments.but also like the mortgage in the.promissory note where they can be.combined into one we can do the same.thing here.many times that does happen well where.the adida trust and the promissory note.are combined into.one but they are technically two legally.distinct separate instruments.so what are we going to find in the deed.of trust we're going to find escrow.account.requirements and remember that escrow.account.we discussed this in a previous video.pays for the borrower's taxes.property taxes and insurance on behalf.of.the the borrower it'll have uh processes.if there.should be a default of payments how.payments.are applied number five.hazard insurance requirements number six.maintenance requirements.in fact a lot of people don't realize.that if as a borrower.if you aren't maintaining the property.the the the lender can actually go in.and.and go through the process of.foreclosure to secure that.that property because it's not being.maintained it's losing its value.number seven mortgage insurance.requirements if any.number eight it describes what happens.if the property is condemned.by a governmental body.number nine acceleration remedies and.then number 10.it had typically has an alienation or.what we call a do.on sale clause and it's going to have a.whole bunch of other stuff but these are.the main things.that i think you should know for.illustrative purposes now the deed of.trust.versus a mortgage now i assume you've.already watched the mortgage video.so some this will make sense if you have.so why do we have a d to trust or why.you know originally it was all just.mortgages and promissory notes um.and then many states in most states.actually today we use the deed of trust.process.why is that because adida trust for.the lender on the lender's behalf is.much more efficient.and much much easier to foreclose upon.default of the borrower's payments.for example in a deed of trust state and.this is varying a little bit.but in additive trust state foreclosure.can happen within.a couple of months in a mortgage state.it could literally take.years for the lender to get the property.back through the foreclosure process.so from the lender's point of view it's.much more.efficient and beneficial to use a deed.of trust.number two a mortgage as we talked about.is a two-party relationship.which has the mortgagee and the.mortgagor adida trust is a.three-party relationship trustor.trustee and the beneficiary number three.depends on the state where you're.located meaning some states are mortgage.states.and most states are actually the deed of.trust state.number four mortgage.the mortgagor who is the borrower.actually retains legal title.and the lender who's the mortgagee.places a lien against the property.in a deed of trust the trustor.receives equitable title now remember.the trust door.is the borrower they have what's called.equitable title.the right to use and possess and they.have a future ownership interest.and the trustee who is the neutral third.party.uh holds the legal title that that's the.difference here.and then number five the mortgage uh.when we're talking about a mortgage a.mortgage if the lender has to foreclose.must use what's called a judicial.foreclosure process.where they actually have to go to court.adida trust.it's non-judicial foreclosure they don't.have to go to court.the trustee upon notification of the.beneficiary which is the bank.of default they go to what's called a.trust.sale maybe or a trustee sale i'm sorry.with two e's trusty sale.and maybe you've heard about um homes.being.sold at the courtroom stairs that's.literally what happens and it's called a.trustee sale.now before we go very important to.remember that you.understand these three concepts the.promissory note the mortgage.and the deed of trust you have to.understand the processes you have to.understand.who's legally called what because the.mortgage.the borrower and the lender have.different terms the deed of trust.those parties are called something.different but you have to know them for.the real estate exam because i guarantee.you.you're going to have some of these on.your exam and you have to know them.so all right if you're going to continue.studying and you have.not watched the promissory note mortgage.uh video yet to my right i'll have the.link for you.and if you have not if you have not.subscribed please do so i'm trying to.grow the channel click the little circle.and always we love comments.we love questions put them down in the.comments section of the channel.i'll see you in the next video.

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