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Q. What is the difference between a Mortgage Agreement and a Deed of Trust? A. Essentially both documents serve the same purpose; the borrower is using the property as security to acquire the lender's loan. A mortgage creates a lien on the Mortgagor's property and that serves as security for the loan. The mortgage is between the borrower and the lender. While in a Deed of Trust, a lien still exists and serves the same function; however, a third party called the Trustee is also involved. The neutral third party will hold the title temporary for the Beneficiary (the lender), until the loan is fully paid.
A second trust deed can be a second mortgage or a home equity loan backed by a bank or other lender. A second trust deed means that there is already another trust deed in place that uses the property as security. In most cases, this first trust deed will be the original mortgage for the property.