A Pocket Deed of Trust is utilized when parties wish to create a security interest in real property while maintaining flexibility in recording timing. This document type is particularly relevant in situations where immediate recording may not be desired or necessary, such as in contingent financing arrangements or staged property transactions. The Pocket Deed of Trust contains all standard deed of trust provisions but remains unrecorded until a triggering event occurs. This arrangement is recognized in many U.S. jurisdictions, though practitioners should be aware of state-specific requirements and potential risks associated with delayed recording.
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1. Parties: Identifies the trustor (grantor), trustee, and beneficiary involved in the deed of trust
2. Property Description: Legal description of the real property being conveyed, including address, boundaries, and parcel numbers
3. Trust Terms: Fundamental terms of the trust arrangement, including purpose and duration
4. Security Provisions: Details of the security interest being created and obligations being secured
5. Default Provisions: Conditions constituting default and remedies available to the beneficiary
6. Recording Provisions: Terms regarding the recording of the deed and any specific conditions for delayed recording
1. Power of Sale: Provisions granting the trustee the right to sell the property in case of default (included in non-judicial foreclosure states)
2. Assignment Rights: Terms governing the right to assign or transfer beneficial interests under the deed of trust
3. Insurance Requirements: Specific requirements for property insurance and maintenance
4. Due on Sale Clause: Provision making the entire debt due if the property is sold or transferred
1. Schedule A - Property Description: Detailed legal description of the property including metes and bounds or lot/block description
2. Schedule B - Title Exceptions: List of existing liens, encumbrances, or other exceptions to title
3. Schedule C - Payment Terms: Detailed schedule of payments or obligations if applicable
4. Schedule D - Required Insurance: Specific insurance requirements and minimum coverage amounts
Relevant legal definitions
Trust Property
Security Interest
Trustor
Trustee
Beneficiary
Deed of Trust
Obligation
Default
Power of Sale
Foreclosure
Legal Title
Equitable Title
Recording Date
Triggering Event
Secured Obligations
Permitted Encumbrances
Trust Estate
Principal Balance
Maturity Date
Event of Default
Governing Law
Jurisdiction
Remedies
Successor Trustee
Assignment
Reconveyance
Liens
Security Documents
Property Description
Business Day
Security Interest
Trustor
Trustee
Beneficiary
Deed of Trust
Obligation
Default
Power of Sale
Foreclosure
Legal Title
Equitable Title
Recording Date
Triggering Event
Secured Obligations
Permitted Encumbrances
Trust Estate
Principal Balance
Maturity Date
Event of Default
Governing Law
Jurisdiction
Remedies
Successor Trustee
Assignment
Reconveyance
Liens
Security Documents
Property Description
Business Day
Clauses
Property Description
Trust Creation
Security Interest
Transfer of Title
Recording
Payment Terms
Default Provisions
Remedies
Power of Sale
Foreclosure Rights
Assignment
Substitution of Trustee
Insurance Requirements
Tax Provisions
Maintenance Obligations
Due on Sale
Governing Law
Notice Requirements
Severability
Reconveyance
Acceleration
Waiver
Modification
Successor and Assigns
Time of Essence
Integration
Property Use Restrictions
Indemnification
Survival
Trust Creation
Security Interest
Transfer of Title
Recording
Payment Terms
Default Provisions
Remedies
Power of Sale
Foreclosure Rights
Assignment
Substitution of Trustee
Insurance Requirements
Tax Provisions
Maintenance Obligations
Due on Sale
Governing Law
Notice Requirements
Severability
Reconveyance
Acceleration
Waiver
Modification
Successor and Assigns
Time of Essence
Integration
Property Use Restrictions
Indemnification
Survival
Relevant Industries
Relevant Teams
Relevant Roles
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