DefineLaw

What is a deed of trust?

A deed of trust is a security instrument that lets a third-party trustee foreclose without court.

Why it matters

In some states it replaces a mortgage and speeds up foreclosure through a trustee.

Common confusion

A deed of trust involves three parties (borrower, lender, trustee); a mortgage is two.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

Who is the trustee?

A neutral third party named to hold title until the loan is paid.

Is foreclosure faster with it?

Often, because many states allow non-judicial foreclosure.

Does it mean I “trust” the lender?

No — the trustee is a separate neutral holder, not the lender.

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