Deed of Trust

In Tennessee, a mortgage of real estate is known as a Deed of Trust.  This mechanism of a mortgaging property is accomplished when the owner (Borrower) transfer legal title in his property in a trust to a Trustee (usually an attorney or bank officer) for the benefit of a Lender (bank or other creditors).  The Deed of Trust is then recorded in the office of the Register of Deeds as a public record of the debt against the pledged property.  If the debt is not paid as agreed, the Lender may require payment in full (accelerate the debt) and the Trustee may then set a foreclosure date by newspaper publication and sell the real estate at an auction on the courthouse steps to satisfy the debt.

If payments are made on time and in full, as is usually the case, the Lender will then sign a release of the Deed of Trust which is then recorded in the Register of Deeds to show that the property is now free and clear of the lien.