Legal Templates
Partial Claim Deed Of Trust

Partial Claim Deed Of Trust for the United States

Partial Claim Deed Of Trust Template for United States

A Partial Claim Deed of Trust is a legal instrument used in the United States to secure a secondary or partial claim loan, often in connection with loss mitigation programs offered by government agencies such as HUD/FHA. This document creates a security interest in real property to guarantee repayment of the partial claim amount, typically structured as a subordinate lien position to the primary mortgage.

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What is a Partial Claim Deed Of Trust?

The Partial Claim Deed of Trust serves as a critical tool in loan modification and loss mitigation programs across the United States. This document is primarily utilized when a borrower receives assistance through government programs, particularly FHA partial claims, where a portion of the delinquent amount is set aside as a non-interest bearing subordinate lien. The deed secures the government's interest in the property while allowing the borrower to maintain homeownership through more manageable payment terms. It includes specific terms regarding repayment, property maintenance requirements, and default provisions.

What sections should be included in a Partial Claim Deed Of Trust?

1. Parties: Identifies Trustor, Trustee, and Beneficiary with full legal names and addresses

2. Background: Context of the partial claim and reference to the original loan

3. Definitions: Key terms used throughout the document including Property, Security Interest, and Partial Claim

4. Property Description: Legal description of the property including address and parcel number

5. Partial Claim Amount: Specific amount of the partial claim and terms of repayment

6. Security Interest: Details of the security interest being granted

7. Default Provisions: Conditions constituting default and remedies

8. Covenants and Warranties: Promises and guarantees made by the Trustor

9. Governing Law: Specification of applicable state law and jurisdiction

What sections are optional to include in a Partial Claim Deed Of Trust?

1. Insurance Requirements: Additional insurance requirements beyond standard coverage

2. Assignment Rights: Terms and conditions for assigning the deed of trust

3. Subordination Provisions: Terms regarding subordination to other liens and mortgages

4. Property Maintenance Requirements: Specific obligations for maintaining the property

5. Due on Sale Clause: Provisions regarding payment requirements upon property sale

What schedules should be included in a Partial Claim Deed Of Trust?

1. Schedule A - Property Description: Detailed legal description of the property including metes and bounds or lot description

2. Schedule B - Permitted Encumbrances: List of existing liens and encumbrances on the property

3. Exhibit A - Payment Schedule: Detailed repayment terms and schedule for the partial claim

4. Exhibit B - Required Insurance: Specific insurance requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

United States

Publisher

Genie AI

Document Type

Trust Deed

Sector

Real Estate

Cost

Free to use
Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs associated with the deed of trust

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes and disclosures in residential transactions

Home Mortgage Disclosure Act (HMDA): Federal law requiring financial institutions to maintain and disclose data about mortgages and partial claims

FHA Guidelines: Federal Housing Administration regulations specifically pertaining to partial claims and loss mitigation options

State Property Laws: State-specific regulations governing real property transactions and recordings

State Recording Requirements: Local requirements for document format, content, and filing procedures for deed recordings

State Foreclosure Laws: State-specific regulations governing the foreclosure process and borrower rights

State Deed of Trust Regulations: Specific state laws governing the creation, execution, and enforcement of deeds of trust

HUD Regulations: Department of Housing and Urban Development rules governing partial claims and loan modifications

State Banking Regulations: State-specific rules governing lending institutions and loan servicing

Consumer Protection Laws: Federal and state laws protecting borrower rights in real estate transactions

County Recording Requirements: Specific county-level requirements for document recording, including formatting and fees

Notarization Requirements: State and local requirements for document notarization and witness signatures

Teams

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