Establishing secure connection…Loading editor…Preparing document…

Deed of Trust Mortgage

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

STATE OF UTAH
ASSUMPTION AGREEMENT
DEED OF TRUST/MORTGAGE

Control Number – UT – ED1014

ASSUMPTION AGREEMENT

WHEREAS hereinafter referred to as “Lender,” loaned or , corporation, hereinafter referred to as “Borrower(s),” whether one or more, the sum of Dollars ($ ), as evidenced by Note and Deed of Trust or Mortgage dated , Reception No. , recorded in Book at Page of the Public Records of the County Recorder, State of Utah.

WHEREAS, said Borrower(s) has/have sold said property to the undersigned Purchaser(s) and said Purchaser(s) desire to assume and agree to pay said indebtedness and perform all of the obligations of Borrower(s), and said Borrower(s) desire to be released from said obligations, and Lender is willing to accept said assumption and release said original Borrower(s).

THEREFORE, for and in consideration of the premises and other good and valuable considerations, the undersigned Purchaser(s) hereby assume and agree to pay the indebtedness evidenced by said Note and Deed of Trust Mortgage and perform all of the obligations provided therein, it being agreed and understand that as of this date said indebtedness is: Dollars ($ ), and that the interest rate shall be % per annum, and that the monthly payments shall be made beginning the day of , 20 , in the sum of as follows:

Principal and interest $
Accrued taxes $
Accrued hazard insurance $
FHA M.I. or P.M.I $
Total $ per month, and that in all other aspects, all terms and conditions of said note shall remain in full force and effect, and Lender hereby releases and discharges said original Borrower(s) upon their personal obligation upon said indebtedness.

This assumption by said Purchaser(s), if more than one, is joint and several and shall bind them, their heirs, personal representatives, successors and assigns.

IN WITNESS WHEREOF, the parties have hereunto executed this instrument, this day of , 20 .

Borrower (if individual)

Signature:

Address:

Witness:

Witness Address:

Borrower (if individual)

Signature:

Address:

Witness:

Witness Address:

Borrower (if corporation)

Signature:

Address:

Witness:

Witness Address:

Purchaser (if individual)

Signature:

Address:

Witness:

Witness Address:

Purchaser (if individual)

Signature:

Address:

Witness:

Witness Address:

Purchaser (if corporation)

Signature:

Address:

Witness:

Witness Address:

Lender (if individual)

Signature:

Address:

Witness:

Witness Address:

Lender (if corporation)

Signature:

Address:

Witness:

Witness Address:

Acknowledgment of Individual – Borrower(s)

State of Utah

County of

On the day of , 20, personally appeared before me , the signer of the foregoing instrument, who duly acknowledged to me that he/she executed the same.

(Seal)

My commission expires:

Residing at:

Notary Public

Type or Print Name

Acknowledgment of Corporation – Borrower

State of Utah

County of

On the day of , 20, personally appeared before me , who being duly sworn, did say that he/she is the of , a corporation, and that said instrument was signed on behalf of said corporation by authority of a resolution of its Board of Directors, and said acknowledged to me that said corporation executed the same.

(Seal)

My commission expires:

Residing at:

Notary Public

Type or Print Name

Acknowledgment of Individual – Purchaser(s)

State of Utah

County of

On the day of , 20, personally appeared before me , the signer of the foregoing instrument, who duly acknowledged to me that he/she executed the same.

(Seal)

My commission expires:

Residing at:

Notary Public

Type or Print Name

Acknowledgment of Corporation – Purchaser

State of Utah

County of

On the day of , 20, personally appeared before me , who being duly sworn, did say that he/she is the of , a corporation, and that said instrument was signed on behalf of said corporation by authority of a resolution of its Board of Directors, and said acknowledged to me that said corporation executed the same.

(Seal)

My commission expires:

Residing at:

Notary Public

Type or Print Name

Acknowledgment of Individual – Lender(s)

State of Utah

County of

On the day of , 20, personally appeared before me , the signer of the foregoing instrument, who duly acknowledged to me that he/she executed the same.

(Seal)

My commission expires:

Residing at:

Notary Public

Type or Print Name

Acknowledgment of Corporation – Lender

State of Utah

County of

On the day of , 20, personally appeared before me , who being duly sworn, did say that he/she is the of , a corporation, and that said instrument was signed on behalf of said corporation by authority of a resolution of its Board of Directors, and said acknowledged to me that said corporation executed the same.

(Seal)

My commission expires:

Residing at:

Notary Public

Type or Print Name

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Deed of Trust Mortgage Is and how it differs from a mortgage

A Deed of Trust Mortgage is a three-party security instrument used in many U.S. jurisdictions to secure a loan on real property. The borrower (trustor) conveys legal title to a neutral trustee for the benefit of the lender (beneficiary) while retaining equitable title. When the loan is paid, the trustee reconveys legal title to the trustor. In states that allow non-judicial foreclosure, a deed of trust often enables faster lender remedies than a traditional two-party mortgage; specific effects and terminology vary by state law.

Why a Deed of Trust Mortgage matters for secured real-estate lending

A Deed of Trust Mortgage clarifies lien priority, assigns trustee authority for reconveyance, and can shorten enforcement timelines where non-judicial foreclosure applies, reducing court involvement and streamlining payoff and release procedures.

Why a Deed of Trust Mortgage matters for secured real-estate lending

Who commonly prepares and signs a Deed of Trust Mortgage

Typical participants include lenders, title companies, trustees, real estate attorneys, escrow officers, and the borrower or guarantor.

  • Lenders and mortgage servicers: Prepare beneficiary terms, verify loan conditions, and require clear reconveyance language for payoff.
  • Title and escrow companies: Verify legal description, confirm chain of title, and coordinate recording and title insurance obligations.
  • Borrowers and attorneys: Provide legal description, execute notarized signatures, and confirm identity and contractual terms prior to recording.

Step-by-step: completing a Deed of Trust Mortgage

Follow a consistent sequence to reduce errors and ensure timely recording.

  • 01
    Prepare Document: Assemble loan terms, legal description, and trustee designation.
  • 02
    Verify Parties: Confirm legal names, entity status, and signing authority.
  • 03
    Notarize Execution: Sign before a notary or use an approved RON process where permitted.
  • 04
    Record and Distribute: Submit to county recorder and send recorded copy to all parties.

Typical document flow from signing to recorded lien

A clear workflow reduces rejection risk and preserves lien priority during recording.

  • Upload and Prepare: Create a final PDF with all required fields and attachments.
  • Authenticate Signers: Use identity verification consistent with state notary rules.
  • Execute and Notarize: Obtain notarization or RON session as allowed by jurisdiction.
  • Record and Confirm: File with county recorder and verify acceptance before funding completion.

Configuring an eSigning workflow for Deed of Trust Mortgages

Standardize field placement, signer order, and authentication to meet recording and lender requirements.

Field Configuration
Signer Authentication Email + SMS OTP or ID verification per state notary rules
Required Fields Signature, date, acknowledgments, and trustee appointment
Recording Export PDF/A export and flattened image for county submission
Integrations eRecording, title systems, and loan servicing platforms

Digital signing and technical requirements to support recording

Ensure your eSignature platform supports notarization workflows, audit trails, and the file formats accepted by the county recorder.

  • File Formats: PDF, PDF/A
  • Integrations: eRecording and title systems
  • Security: Audit trail and tamper-evident seals

Key components every professional Deed of Trust Mortgage should include

A complete deed of trust clearly defines parties, property, loan terms, and trustee authority to avoid recording defects and enforcement disputes.

Parties

Identify trustor, beneficiary, and trustee using full legal names and entity types to ensure enforceability and accurate recording.

Legal Description

Include the full recorded legal description rather than a street address to prevent ambiguity and ensure correct parcel identification.

Security Clause

Describe the lien on the property, reference the promissory note, and state remedies for default consistent with state foreclosure law.

Trustee Powers

Specify trustee authority for sale, reconveyance, and notice procedures to enable non-judicial remedies where authorized by statute.

Reconveyance/Release

Provide clear reconveyance language for release upon payoff and instructions for recording a deed of reconveyance or release.

Notary Acknowledgment

Include a state-compliant notary block; for RON, include session evidence and identity-proofing details required by the jurisdiction.

Security, compliance, and required record elements

Encryption: AES-256 at rest
Transport: TLS 1.2/1.3 in transit
Audit Trail: Detailed signing log
HIPAA: BAA required for PHI
Notary Evidence: Acknowledgment or RON session record
File Format: PDF/PDF-A accepted

Penalties and legal risks from incorrect Deed of Trust Mortgage documents

Failed Recording: Loss of lien priority
Incorrect Description: Recording rejection or unenforceable lien
Missing Notary: Invalid acknowledgment
Wrong Signer: Fraud or title challenge
Improper Trustee Power: Foreclosure remedy challenged
Late Recording: Subordination or claim disputes

Common preparation mistakes to avoid

  • Using a street address instead of the recorded legal description, causing incorrect parcel indexing or rejection by the recorder.
  • Misspelling party names or omitting entity suffixes, which can create title defects or delay lien enforcement.
  • Failing to include a state-specific notary block or RON session details where required, leading to an invalid acknowledgment.
  • Routing the document for signature without verifying signer authority or corporate resolution for entity signers.

Timing and deadlines to consider when issuing a Deed of Trust Mortgage

Record promptly after execution to preserve lien priority; county recorders often use recording timestamps to determine priority.

Recording Timing:

Record immediately after notarization to protect lien priority.

Foreclosure Statutes:

Redemption and notice periods vary greatly by state.

Tax Reporting:

No federal filing deadline for the deed itself.

Notary Window:

Sign and notarize within timeframes required by state law.

Reconveyance:

Issue reconveyance promptly upon payoff; some jurisdictions expect immediate release.

Comparison: signNow and peer eSignature vendors for Deed of Trust workflows

Feature and pricing differences affect high-volume real estate workflows; signNow is listed first for column alignment.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs and common issues when preparing or eSigning a Deed of Trust Mortgage

Answers to frequent questions about eSign validity, notarization, recording, corrections, and revocation.


Need help? Contact support

Explore Templates

Certificate Trust Form Closing Statement Form Deed in Lieu Form Homestead Declaration Form Grant Deed Release Liability Form
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.