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Deed of Trust Template – Free Download 2026

Download a professional deed of trust template. Customizable for all 50 states, available in PDF and DOCX formats. Attorney-verified and ready to use.

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When Do You Need a Deed of Trust?

A beneficiary (lender) is financing a real estate purchase and needs a security instrument that gives a trustee the power to conduct a non-judicial foreclosure if the trustor (borrower) defaults on the loan.

You are selling property with owner financing and need a deed of trust paired with a promissory note to secure the buyer's payment obligation with a lien on the property.

Your state uses deeds of trust instead of mortgages as the standard real estate security instrument, and the closing requires a properly formatted deed of trust with a power of sale clause for recording.

A private lender or hard money lender is funding a real estate investment and requires a deed of trust in second or third lien position behind the existing first deed of trust.

The existing loan has been paid in full and you need to initiate the reconveyance process by requesting the trustee to release the lien and transfer legal title back to the property owner.

You are refinancing a property and the new lender requires a replacement deed of trust to be recorded after the existing deed of trust is reconveyed upon payoff of the prior loan.

What Should a Deed of Trust Include?

Three-Party Identification

Identify the three parties to the deed of trust: the trustor (borrower who grants the security interest), the beneficiary (lender who holds the note), and the trustee (neutral third party who holds bare legal title as security). Include full legal names and addresses for all three parties.

Property Description and Security Interest

Provide the complete legal description of the property being pledged as security, the assessor parcel number, and a statement that the trustor conveys the property in trust with power of sale to secure the obligations described in the accompanying promissory note.

Loan Terms Reference

Reference the promissory note by date, principal amount, interest rate, and maturity date. The deed of trust secures the obligations described in the note, so the note terms must be accurately referenced. Under TILA and RESPA, consumer loans require specific disclosures.

Power of Sale and Default Provisions

Include the power of sale clause authorizing the trustee to conduct a non-judicial foreclosure if the trustor defaults on the loan. Define what constitutes a default (missed payments, failure to maintain insurance, failure to pay property taxes) and the notice requirements before foreclosure can begin.

Trustor Covenants and Obligations

Specify the trustor's obligations including making timely payments, maintaining hazard insurance, paying property taxes, keeping the property in good repair, and not committing waste. Breach of any covenant may trigger the acceleration clause and allow the beneficiary to declare the full balance due.

Reconveyance Provisions

Include the reconveyance clause requiring the trustee to execute and record a deed of reconveyance that transfers legal title back to the trustor once the loan is paid in full. Specify the timeframe for reconveyance (typically 21 to 60 days after payoff, depending on state law).

Signature Requirements

E-Signature with Notarization

Deeds of trust are valid with electronic signatures under the ESIGN Act and UETA. Notarization is required for recording with the county recorder's office. The trustor (borrower) must sign before a notary public who verifies identity and acknowledges the signature. The beneficiary and trustee signatures are typically not notarized.

Notarization Required

How to Fill Out a Deed of Trust

1

Identify All Three Parties

Enter the full legal names and addresses of the trustor, beneficiary, and trustee. The trustee must be a person or entity authorized to serve as trustee under your state's laws, often a title company, escrow company, or attorney.

2

Enter the Property Legal Description

Copy the complete legal description from the current deed or title report. Include the assessor parcel number and property address. The legal description must match the property being pledged as security exactly.

3

Reference the Promissory Note

Insert the date, principal amount, interest rate, monthly payment amount, and maturity date of the promissory note. The deed of trust must accurately reference the note it secures. If the note contains a balloon payment, reference that provision specifically.

4

Customize Default and Foreclosure Provisions

Specify the events that constitute default and the cure period allowed before the beneficiary can accelerate the loan. Include the notice requirements mandated by your state's non-judicial foreclosure statutes, including notice of default and notice of sale timelines.

5

Execute and Notarize

The trustor signs the deed of trust in the presence of a notary public. Some states require witnesses. The beneficiary and trustee typically do not sign the deed of trust, although the trustee may sign an acceptance.

6

Record the Deed of Trust

Record the executed deed of trust with the county recorder in the county where the property is located. Recording establishes the lien priority and provides constructive notice to subsequent purchasers and lenders. The beneficiary should retain the original promissory note.

Deed of Trust Requirements by State

Deed of Trust laws and requirements differ across states. Key variations include specific language requirements, notarization mandates, witness requirements, filing deadlines, and enforceability standards. Our templates incorporate state-specific provisions when you select your jurisdiction.

For the most comprehensive state-specific version, use our AI generator which automatically applies your state's legal requirements.

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Free Template vs Custom Deed of Trust

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Basic deed of trust structure
Power of sale and reconveyance clauses
State-specific foreclosure complianceAll deed of trust states-
TILA/RESPA disclosure integration-
Attorney review and customization-
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Deed of Trust Template FAQ

What is a deed of trust?
A deed of trust is a real estate security instrument that involves three parties: the trustor (borrower), the beneficiary (lender), and the trustee (a neutral third party). The trustor conveys legal title to the trustee as security for the loan from the beneficiary. If the borrower defaults, the trustee has the authority to sell the property through non-judicial foreclosure using the power of sale clause. Once the loan is fully repaid, the trustee reconveys legal title back to the trustor.
What is the difference between a deed of trust and a mortgage?
The primary difference is the number of parties and the foreclosure process. A deed of trust involves three parties (trustor, beneficiary, and trustee) and allows non-judicial foreclosure through the power of sale, which is faster and less expensive than court proceedings. A mortgage involves only two parties (mortgagor and mortgagee) and typically requires judicial foreclosure through the court system. Approximately 20 states primarily use deeds of trust, while the remaining states use mortgages.
What are the three parties in a deed of trust?
The three parties are the trustor (the borrower who owns the property and grants the security interest), the beneficiary (the lender who provides the loan and holds the promissory note), and the trustee (a neutral third party, often a title company or attorney, who holds bare legal title to the property as security for the loan). The trustee's role becomes active only if the borrower defaults, at which point the trustee conducts the foreclosure sale, or when the loan is paid off, at which point the trustee reconveys title to the trustor.
Which states use deeds of trust?
Approximately 20 states primarily use deeds of trust as the standard real estate security instrument. These include California, Texas, Colorado, Virginia, North Carolina, Tennessee, Oregon, Washington, Arizona, Idaho, Montana, Nevada, Utah, West Virginia, Mississippi, Missouri, and several others. Some states allow both deeds of trust and mortgages, and the choice may depend on the lender's preference. The key advantage of deed of trust states is the availability of non-judicial foreclosure, which is typically faster than the judicial foreclosure required in mortgage states.
What happens when a deed of trust is paid off?
When the loan secured by a deed of trust is fully repaid, the beneficiary notifies the trustee that the obligation has been satisfied. The trustee then executes and records a reconveyance deed (also called a deed of reconveyance or full reconveyance) that releases the lien and transfers legal title back to the property owner. State laws typically require the reconveyance to be completed within 21 to 60 days after the beneficiary receives the payoff. Failure to reconvey in a timely manner may expose the beneficiary and trustee to penalties.
Can a deed of trust be foreclosed?
Yes, a deed of trust can be foreclosed if the trustor defaults on the loan obligations. The power of sale clause in the deed of trust authorizes the trustee to conduct a non-judicial foreclosure, which is a sale of the property without court involvement. The process typically requires the beneficiary to record a notice of default, wait a statutory cure period (often 90 days), then record a notice of sale and publish the sale date. The trustee conducts the auction and conveys title to the highest bidder through a trustee's deed upon sale.
What is a reconveyance deed?
A reconveyance deed is a document executed by the trustee that releases the lien created by the deed of trust and transfers legal title back to the property owner after the loan has been fully repaid. It is also called a full reconveyance or deed of reconveyance. The reconveyance must be recorded with the county recorder to clear the lien from the public record. Until the reconveyance is recorded, the deed of trust continues to appear as a lien on the property, which can complicate future sales or refinancing.
Does a deed of trust need to be recorded?
Yes, a deed of trust should be recorded with the county recorder in the county where the property is located. Recording is essential because it establishes the lien priority (first in time, first in right) and provides constructive notice to subsequent purchasers and lenders that the property is encumbered. An unrecorded deed of trust may still be valid between the original parties, but it will not have priority over a subsequent recorded lien from a lender who had no actual knowledge of the unrecorded deed of trust.

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Reviewed by licensed attorneys · Editorial policy · Last updated March 2026

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