Lillington, NC asked in Real Estate Law for North Carolina

Q: does a deed of trust determine what is on a title policy?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Cary, NC
  • Licensed in North Carolina

A: No. A deed of trust is the document used to create a mortgage or lien on the property to secure the funds usually borrowed to purchase the property. The deed of trust is accompanied by a promissory note and possibly a security agreement. A deed is just a document that indicates who owns the property. A title policy is an insurance policy and insures against defects in title - say you buy the property and everything looked good but 6 years later you find out that there is some defect in title - this can happen easily with old deeds and you may not own the land you think you own. However a title insurance policy would not have anything to do with a deed of trust.

To be on the safe side, since neither I nor any attorneys here have seen the documents you are talking about, I suggest that you go to the real estate attorney who handled your closing and have him or her review all of the documents. If the attorney is not there or you suspect he/she messed up then see a real estate attorney who practices in the county where the land is located.

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