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Purchase Money Deed of Trust

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PURCHASE MONEY DEED OF TRUST

Prepared by:

Return to:

State of Mississippi

County of

Judicial District

PURCHASE MONEY DEED OF TRUST

[Right to Substitute Trustee at Will]

Name and Address of Assignor:

Name and Address of Assignee:

Name and Address of Owner:

Name and Address of Trustee:

WHEREAS, the undersigned a Mississippi nonprofit corporation, hereinafter called "Grantor," owes , a Mississippi nonprofit corporation, hereinafter called the "Beneficiary," whose mailing address is , the sum of $, which sum is evidenced by a Promissory Note of even date herewith, bearing no interest from date, as follows, to-wit:

One Promissory Note of even date herewith in the amount of $ bearing no interest from date, due and payable in equal monthly installments of $ with the first payment to be made on , and each subsequent monthly installment shall be due and payable on the first day of each succeeding month thereafter until the entire indebtedness evidenced by this Note is fully paid, except any remaining indebtedness, if not sooner paid, shall be due and payable on .

And, whereas, the undersigned are anxious to secure the payment of said indebtedness at the maturity thereof therefore in consideration of and No/I 00 Dollars ($) to him paid by , Trustee, the receipt of which is hereby acknowledged, the undersigned Grantor, does hereby convey and warrant unto , Trustee, the following-described real estate...

which said real estate... is situated in the Judicial District of County, State of Mississippi, and is described as follows, to-wit:

Property Description

1) In addition to the aforesaid indebtedness and any and all extensions or renewals of the same, or any part thereof this instrument is intended to secure and does secure any and all debts that the said Grantor may incur with or owe the said Beneficiary during the term of this loan, whether the same be evidenced by note, open account, assignment, endorsement, or otherwise, and said Grantor promises to pay said debts at their maturity.

2) Payment of Principal. Grantor shall promptly pay when due the principal of said indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the principal of and interest on any future advances secured by this Deed of Trust.

3) Application of Payments. Unless applicable law provides otherwise, all payments received by Beneficiary under the Note shall be applied by Beneficiary first to interest payable on the Note, then to the principal of the Note, and then to interest and principal on any future advances.

4) Charges; Liens. Grantor shall pay all taxes, assessments, and other charges, files and impositions attributable to the Property which may attain a priority over this Deed of Trust.

5) In the event the Grantor... then... the whole indebtedness hereby secured may... be declared due and payable.

6) The undersigned further represents... that there are no liens, leases, or encumbrances of any sort against the Property conveyed herein, except, if any, as shown by the records of said County.

7) The Grantor agrees not to abandon said Property...

8) If the title to all or any part of the Property described herein is sold, conveyed or transferred by act of the Grantor...

9) Should the Grantor fail to pay... taxes, assessments, liens, or judgments...

10) Grantor covenants that it will keep the Property in good condition and repair at its expense...

11) It is distinctly understood and agreed that a failure by the Grantor to pay the above Note...

12) Should the Grantor fail to pay... then at the option of said Beneficiary, and in lieu of foreclosure, Grantor shall execute... a deed in lieu of foreclosure...

13) If the Property conveyed herein should be situated in two or more counties or in two judicial districts...

14) The Grantor waives the provisions of Section 89-1-55... and Section 89-1-59...

15) At any sale made by any Trustee hereunder...

16) The attorneys' fees provided for in the above-described Note and the Trustee's fee provided for in this Deed of Trust are hereby made liens...

17) Grantor agrees to protect and preserve the herein-described real estate and not to use or permit the use... hazardous substances...

18) Grantor shall... comply with all federal, state and local laws, rules, regulations and orders with respect to the discharge and removal of hazardous substances...

19) Grantor hereby grants to Beneficiary... the right to inspect the lands herein described during normal daylight hours...

20) This conveyance is in trust. Should the Grantor pay said indebtedness and interest owing thereon at maturity... the said , Trustee... shall sell said Property...

21) The said Beneficiary... is hereby authorized to appoint successive Trustees in the place of said , Trustee...

22) This is a purchase money deed of trust.

WITNESS OUR SIGNATURE, the day and date first above named.

By:

STATE OF MISSISSIPPI

COUNTY OF

Personally appeared before me, the undersigned authority in and for said County and State, on this day of , , within my jurisdiction, the within named , who acknowledged that she is the Vice-President for Finance of , a Mississippi nonprofit corporation, and that for and on behalf of said corporation, and as its act and deed, she executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do.

NOTARY PUBLIC

My Commission Expires:

Prepared By and Return to After Recording:

Telephone:

Enter text✕

What a Purchase Money Deed of Trust Is and when it applies

A Purchase Money Deed of Trust is a real estate security instrument used when a buyer finances property purchase through a lender. It creates a lien on the property securing repayment of the purchase money loan while naming the borrower as grantor, a trustee, and the lender as beneficiary; the trustee holds legal title until loan payoff and the note is satisfied and reconveyed.

Why parties use a Purchase Money Deed of Trust

A Purchase Money Deed of Trust documents the lender’s security interest, clarifies repayment terms, and enables expedited foreclosure procedures under state law, improving certainty for both buyer and lender.

Why parties use a Purchase Money Deed of Trust

Who typically completes or signs this document

Typical users include lenders, homebuyers, title companies, and closing attorneys who handle secured real estate financing and recording.

  • Lenders and mortgage companies who need a recorded security interest to secure repayment and preserve foreclosure remedies.
  • Homebuyers or borrowers who accept seller- or third-party financing and must grant a lien against the purchased property.
  • Title and escrow agents responsible for preparing closing packages, ensuring proper acknowledgements, and recording the instrument.

Each party relies on the deed for different protections: lenders for lien priority, borrowers for transparent loan terms, and closers for accurate public records.

Anatomy of a professional Purchase Money Deed of Trust

A complete deed of trust contains standardized clauses and exhibits to ensure enforceability and smooth recording with county offices.

Granting Clause

Conveys a security interest in the property to the trustee for the benefit of the lender, describing rights being transferred and referencing the promissory note securing the debt.

Legal Description

Provides the full legal land description (metes and bounds or lot/block) used by the county recorder; a correct description is essential to establish lien priority and avoid recording rejection.

Promissory Note Reference

Identifies the related note by date and amount and incorporates repayment terms, interest rate, and default remedies to tie the debt to the recorded security instrument.

Trustee Appointment

Names the trustee charged with holding legal title and executing nonjudicial foreclosure or reconveyance actions consistent with state law and the deed’s provisions.

Default and Remedies

Specifies events of default, cure periods, acceleration terms, and whether the lender may pursue nonjudicial foreclosure under applicable state statutes.

Reconstruction and Reconveyance

Includes provisions for reconveyance upon payoff, procedures for satisfaction recording, and any required estoppel certificates or payoff statements.

Essential data elements to include

Grantor Name: Full legal name
Beneficiary: Lender legal entity
Trustee: Named trustee party
Property Description: Complete legal description
Loan Amount: Principal sum stated
Recording County: County where recorded

Step-by-step completion and execution checklist

Follow these steps in order to prepare, execute, and record a Purchase Money Deed of Trust with minimal risk of defects.

  • 01
    Prepare Document: Draft using lender-approved template and include note reference.
  • 02
    Confirm Parties: Verify legal names and entity status for all parties.
  • 03
    Execute and Notarize: Obtain signatures and required notarization or witnesses.
  • 04
    Record Document: Submit to county recorder and obtain stamped copy.

Configuring an online signing and recording workflow

Set up fields, authentication, and routing so signers complete the deed in correct order and the final document is ready for recording.

Field Configuration
Signature Blocks Require signed date and full-name fields for each signer
Notary Block Include notary acknowledgement and venue lines
Conditional Fields Use conditional show/hide for co-borrower entries
Document Routing Route to title agent then to recorder

Digital signing and eRecording requirements

Configure signer authentication, audit trails, and document formats to meet recording office and lender requirements.

  • File Formats: Use PDF/A or standard PDF for eRecording
  • Authentication: Email+SMS or knowledge-based verification
  • Audit Trail: Retain timestamp and IP address

Confirm county recorder eRecording policies before eSubmission; preserved audit trails and notarization records improve acceptance and downstream title processes.

Where to send and how recording usually works

Recording secures the lien against third parties; follow the county recorder’s acceptance rules and pay required fees for a stamped recorded copy.

  • Title or Closing Agent: Receive executed deed and prepare for recording
  • County Recorder: Record document and return stamped copy
  • Lender File: Store recorded copy in loan file
  • Payoff / Reconveyance: Record reconveyance upon payoff

Timing considerations and recommended deadlines

Timely execution, recording, and delivery protect lien priority and avoid disputes; allow sufficient time for notary, title review, and recorder processing.

Effective Date:

Use MM/DD/YYYY when signing to set the loan start

Funding vs Recording:

Record promptly after funding to protect lien priority

Notary Timing:

Sign in presence of notary per state rules

Document Retention:

Keep original executed deed in loan file

Title Exceptions Cure:

Resolve defects before recording to avoid re-recording

Common errors and legal risks to avoid

Incorrect Names: May void lien
Faulty Legal Description: Can create title defects
Missing Notary: Recorder may reject
Unrecorded Lien: Loses priority
Conflicting Documents: Triggers title disputes
Improper Reconveyance: Leaves cloud on title

eSignature vendor comparison for completing and recording deeds

Common eSignature platforms differ by price model and compliance features; signNow appears first in this comparison for clarity.

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 (Premium) Varies by plan Varies by plan Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Yes (BAA available) Yes (BAA available) No No

Frequently asked questions about Purchase Money Deeds of Trust

Answers to common questions about execution, recording, electronic signing, and document corrections for Purchase Money Deeds of Trust.


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