# Difference between "Deed" and "Deed of Trust" (re homeowners)

**URL:** <https://boards.straightdope.com/t/difference-between-deed-and-deed-of-trust-re-homeowners/595396>\
**Category:** Factual Questions\
**Created:** [September 6, 2011, 3:42pm UTC](https://boards.straightdope.com/t/difference-between-deed-and-deed-of-trust-re-homeowners/595396 "2011-09-06T15:42:34Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Napier](https://avatars.discourse-cdn.com/v4/letter/n/ce73a5/32.png) [@Napier](https://boards.straightdope.com/u/Napier)\
**Post date:** [September 6, 2011, 3:42pm UTC](https://boards.straightdope.com/t/difference-between-deed-and-deed-of-trust-re-homeowners/595396/1 "2011-09-06T15:42:34Z")

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Is there a difference between a “Deed” and a “Deed of Trust”, in the context of owning and residing in a home? I’m helping somebody with their bankruptcy and the paralegal is requesting the “Deed” from the original settlement, not the “Deed of Trust”, but we don’t have a plain “Deed” in the settlement records. The paralegal seems to be indicating there is a difference but gets vague when I try to pin this down.

If there’s a difference, roughly what is it?

I have legal advice, obviously, but it isn’t clearing up this question.

Thanks!

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**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [September 6, 2011, 3:45pm UTC](https://boards.straightdope.com/t/difference-between-deed-and-deed-of-trust-re-homeowners/595396/2 "2011-09-06T15:45:53Z")

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> [@Napier](#):
>
> Is there a difference between a “Deed” and a “Deed of Trust”, in the context of owning and residing in a home? I’m helping somebody with their bankruptcy and the paralegal is requesting the “Deed” from the original settlement, not the “Deed of Trust”, but we don’t have a plain “Deed” in the settlement records. The paralegal seems to be indicating there is a difference but gets vague when I try to pin this down.
> 
> If there’s a difference, roughly what is it?
> 
> I have legal advice, obviously, but it isn’t clearing up this question.
> 
> Thanks!

I guess rumors regarding the obsolesence of lawyers have been greatly exaggerated, eh?

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**Author:** ![Caffeine.addict](https://avatars.discourse-cdn.com/v4/letter/c/f475e1/32.png) [@Caffeine.addict](https://boards.straightdope.com/u/Caffeine.addict)\
**Post date:** [September 6, 2011, 3:54pm UTC](https://boards.straightdope.com/t/difference-between-deed-and-deed-of-trust-re-homeowners/595396/3 "2011-09-06T15:54:46Z")

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A deed is the document that shows that you have title to the house. In my state, they tend to be one or two pages. You may have to go to land records to get a copy. We didn’t get a signed copy at settlement but later received the deed after it have been recorded.

In my state, the deed of trust is how the mortgage is recorded. It will usually be much longer than the deed and will say Deed of Trust.

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**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\
**Post date:** [September 6, 2011, 10:31pm UTC](https://boards.straightdope.com/t/difference-between-deed-and-deed-of-trust-re-homeowners/595396/4 "2011-09-06T22:31:26Z")

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A deed of trust (aka trust deed) is a type of mortgage in which the lender acts as a trustee for the noteholders. Deeds, deeds of trust, and all instruments that give public notice of transactions involving real estate should be recorded. If you do not have the deed, the county office (called the recorder of deeds, registrar of mesne conveyances, or similar names) will have a copy of it. In some jurisdictions (esp. those called “registrar”), the original deed is kept in the county office. You can get a copy from that office for a small fee.

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**Author:** ![Napier](https://avatars.discourse-cdn.com/v4/letter/n/ce73a5/32.png) [@Napier](https://boards.straightdope.com/u/Napier)\
**Post date:** [September 7, 2011, 6:32pm UTC](https://boards.straightdope.com/t/difference-between-deed-and-deed-of-trust-re-homeowners/595396/5 "2011-09-07T18:32:12Z")

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Thanks. I understand the difference now, and it turns out I can get them online. In fact they discourage people from coming in to the courthouse for it now.

I think I’m all set.