Trust Deed Buyers

Liens Facts



Filed under: Deed Of Trust,Deed Of Trust Forms,Trust Deed Buyers,Trust Deed Investments by Frank Mori |

A few interesting facts about liens

It is important for you to know that liens in first priority are the most ideal. Therefore, in order to obtain this priority, this needs to be verified before the closing of escrow. In order to obtain the accurate information that is required to verify the priority of the deed of trust, you will find that Title insurance policies will provide you with what you need to know.

If it happens that an error is made, or a lien has been overlooked and such aspects affect the trust deed holder, then the holder can take legal action against the company that issued the title insurance policy.

When the holder is in possession of the priority lien, they can foreclose and any junior lien holders won’t be able to stop it. That being said, there are ways in which junior lien holders can protect themselves should this happen.

To begin with, they can make certain that their lien has been accurately recorded with the county recorders office. They can also inform all senior lien holders about their lien, and ask them for written notification before they foreclose.

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Lien Priority



Filed under: Deed Of Trust,Deed Of Trust Forms,Trust Deed Investments by Frank Mori |

Lien Priority

You may or may not be aware, but a deed of trust is actually a lien on a piece of real property. What is a lien? A lien is a legally recognized claim or hold against one person’s item by another which utilizes this item as security for a duty, debt or obligation. If there is more than one lien on a piece of real property there could be a number of reasons for this. Some of the liens an investor may encounter include:

  • Tax liens.
  • Mechanic’s liens.
  • IRS liens.
  • Judgment liens.
  • Etc.
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What is a deed of Trust ?

A deed of trust, also known as a trust deed, is a unique form of loan recorded within public records as a deed that has a lien on the property. Trust deeds are used by borrowers instead of conventional mortgages. This is usually done in order to obtain greater flexibility on the loan that would be available under the rules and regulations in standard lending institutions such as banks.

With a deed of trust, there are three main parties involved. These parties include the trustor - which is the person who is borrowing the money - the beneficiary - also known as the lender - as well as a neutral third party. This third party is the trustee, who temporarily holds part of the property title until the loan is paid in full.