What is the difference between someone’s name being on a title to a property versus being on a deed of trust?

UPDATED: Dec 26, 2011

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What is the difference between someone’s name being on a title to a property versus being on a deed of trust?

My aunt, uncle, brother and sister live in a house together. He recently passed away leaving no Will behind. The house is paid off and there is supposedly was no mortgage. My uncle’s name is the only one on the title but my aunt’s name is on the original deed of trust along with my deceased uncle and deceased grandmother’s names. Does she own the home now just because her name is on the deed of trust? If my aunt is not sole owner of the home now then will the home go through probate because my uncle’s name was the only name on the title? How does this work?

Asked on December 26, 2011 under Real Estate Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A deed to a particular piece of property where someone is designated as the grantee means that the person who is the grantee owns the property as of the date of the deed.

A trust deed is evidence of a lien on the designated property securing a particular loan. The trustor on the trust deed is the person obligated on the trust deed and the beneficiary is the person who owns the loan secured by the trust deed.

If there is a full reconveyance of the trust deed later recorded on the designated property, it means that the loan secured by the property has been paid off. I suggest that you consult with a real estate attorney further to review the deed and trust deed you have written about.

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