Legal Question in Real Estate Law in California

Does California use Mortgages and a note or just Deeds of Trust and a note?

May a real estate transaction in California use a mortgage note secured by a mortgage instrument for a purchase money mortgage, or must the transaction use a promissory note secured by a Deed of Trust?


Asked on 5/29/01, 11:25 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Does California use Mortgages and a note or just Deeds of Trust and a note?

Mortgages and mortgages with power of sale are recognized in California and can be used, but are quite infrequently used because most parties (lenders, attorneys, escrow companies) are accustomed to deeds of trust and find that they have advantages.

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Answered on 6/26/01, 2:20 pm


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