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Mortgage Glossary

Deed of Trust

Defined by Onias Derilus, Mortgage Capital · NMLS# 1859012 · Florida licensed mortgage broker

A deed of trust is a security instrument used in some states that involves a trustee holding title until the loan is repaid.

What Deed of Trust means

It functions like a mortgage but adds a third party, the trustee, who can handle a non-judicial foreclosure. Florida primarily uses mortgages rather than deeds of trust.

Florida example

A borrower relocating from a deed-of-trust state to Florida will sign a mortgage instead. This means any foreclosure here goes through the courts. The practical effect is a longer foreclosure timeline than in trustee states.

Securing the loan

A deed of trust is a document that secures your loan with the property, similar to a mortgage. It involves you, the lender, and a neutral third party called a trustee who holds legal title until the loan is paid.

Some states use a deed of trust while others use a mortgage. Florida primarily uses a mortgage.

Why it matters

Whether your loan uses a deed of trust or a mortgage affects how foreclosure works if payments stop. In Florida, the mortgage and a judicial process apply.

We explain your loan documents in plain terms. Reach out and we will walk you through what you are signing.

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Official resources

Verify the details for your own situation against these government and agency sources: CFPB Owning a Home guide and HUD homebuyer resources.

Related Mortgage Terms

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