Deed of trust

What deed of trust means

Put simply, deed of trust is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where deed of trust comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses deed of trust in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Nonjudicial foreclosure: foreclosure carried out outside court under a power-of-sale clause and the procedures in a state statute.
• Power of sale: a clause in a mortgage or deed of trust allowing the property to be sold after default without a court proceeding, following state statutory procedures.
• Debt buyer: a company that purchases debts, often charged-off consumer debts, from the original creditor or another owner.
• Declaration: a written statement of facts signed under penalty of perjury. In federal matters, 28 U.S.C. § 1746 allows an unsworn declaration in place of an affidavit in many situations.
• Default: a party's failure to plead or otherwise defend within the time allowed, which the clerk records as an entry of default.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.