What is a Deed of Trust and what does it do? We often hear of a mortgage on a property, which means the property "secures" the repayment of a loan. If a party stops making mortgage, a lender will file a lawsuit to recover their property. In many western states, and especially in California, lenders use a "Deed of Trust", which acts like a mortgage, except it names a trustee who is entitled to take action if a person stops making payments. The trustee is allowed to follow state laws, and declare a loan in default, give the owner 90 days to make any payments, and if not, "notice" a sale of the property, meaning that the property will be auctioned off, perhaps in the Trustee's office, or on the courthouse steps. Once the steps are followed, a Trustee can then sign a deed and transfer the property to the person who bought the property at the Trustee's sale. No formal court action is necessary. Lenders love this process.

Question: What happens if I default on a note that is secured by a Deed of Trust? If I default, does the noteholder have to start a legal action in court to get my property?