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A deed of trust (also called a trust deed) is a special form of deed that is commonly used in conjunction with a promissory note to provide security (collateral) for the promissory note. It is similar to a mortgage. A deed of trust transfers title to a third person, called a “trustee.” The trustee holds title to the property as security (collateral) for a loan. When the loan is paid off, the trustee transfers title to the borrower. In the meantime, the borrower is able to occupy and exercise control over the real property provided the terms of the deed of trust are being met.

After a deed of trust gets signed and notarized, it should be “recorded” (filed) in the land records office in the county where the property is located. This office goes by different names in different states; it’s usually called the County Recorder’s Office, Land Registry Office or Register of Deeds.

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