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DictionaryThe buying process

Deed of trust: what it means

The deed of trust is, along with the "mortgage," one of the most common names for the security instrument you sign at closing. With it, the home becomes collateral for the loan: if you do not make the payments or break the agreement, the lender can take the home and sell it to pay off the loan.

In Spanish it is

Escritura de fideicomiso

Also written as: security instrument · trust deed

The full explanation

Your signature on this document must be notarized. It is separate from the promissory note, which is your promise to pay. In some states, the lender can foreclose without going to court by following the notices in a "power of sale" clause in this document.

An example

At closing, Marisol signs the note and then the deed of trust in front of a notary. Afterward, the closing company records the deed of trust at the county office.

You will see it in…

  • The documents you sign at closing (“Deed of Trust” or “Mortgage”)
  • Your county's property records
  • Foreclosure notices (“power of sale”)

Words that go with it

You will rarely see this word alone. These are the ones that show up with it on the same papers.

A grandmother smiles, seated at home.

Still confused by a paper?

A HUD-approved housing counselor can walk you through it. Agencies usually charge little or nothing, many work in Spanish, and they do not sell you anything.

Official sources

We sum up what these official sources say, in plain words. We add no rules they do not state; when a rule changes, the definition and its date change.

  1. 1. CFPB · My mortgage closing forms mention a security interest. What is a security interest? (external site) · in English · Verified on October 17, 2026
  2. 2. CFPB · I'm about to close on a real estate purchase transaction with a mortgage. What can I expect in the mortgage closing process? (external site) · in English · Verified on October 17, 2026
  3. 3. CFPB · How does foreclosure work? (external site) · in English · Verified on October 17, 2026