Property OwnershipIntermediateDelaware Exam

What is a 'trust deed' (deed of trust) and how does it differ from a mortgage in Delaware?

AThey are legally the same in Delaware; both terms describe real property security instruments
BA deed of trust involves three parties (borrower, trustee, beneficiary-lender)Correct
CA deed of trust is only for commercial property; a mortgage is for residential
DA deed of trust requires court foreclosure; a mortgage allows non-judicial foreclosure

Why A deed of trust involves three parties (borrower, trustee, beneficiary-lender) Is Correct

Answer B: A deed of trust involves three parties (borrower, trustee, beneficiary-lender)

A deed of trust involves three parties: the trustor (borrower), trustee (neutral third party holding title), and beneficiary (lender). Delaware primarily uses the two-party mortgage instrument.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

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