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Deed of trust

The loan document that gives a trustee the power to sell the property if the loan isn't paid; the reason Texas and California can foreclose without court.

A deed of trust is the document that ties a home loan to the house. The borrower signs it along with the promissory note. It names a trustee and gives that trustee a power of sale: the right to sell the property at a public auction if the loan goes unpaid.

That power of sale is why Texas and California foreclose mostly without lawsuits. The trustee follows the steps state law lays out (a notice of default, a notice of trustee's sale, an auction) instead of asking a judge. Texas · California

The lender can replace the original trustee with a substitute trustee, which is how many foreclosure sales end up run by a foreclosure law firm or trustee company.

Florida works differently. Home loans there are secured by a mortgage, and Florida law says every mortgage is foreclosed in court. That's why Florida foreclosures start with a lis pendens and a lawsuit instead of a trustee's notice. How Florida foreclosure works

The deed of trust is recorded with the county when the loan closes. Its recording number is a handy way to tie together all the later notices about the same loan.

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