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California's deed of trust involves three parties. The trustee in a deed of trust is:

Correct Answer

B) A neutral third party who holds bare legal title

In California's deed of trust system, the trustee is a neutral third party who holds bare legal title to the property as security for the loan.

Answer Options
A
The borrower
B
A neutral third party who holds bare legal title
C
The lender
D
The real estate agent

Why This Is the Correct Answer

In California's deed of trust system, the trustee is a neutral third party who holds bare legal title to the property as security for the loan.

Why the Other Options Are Wrong

Option A: The borrower

The borrower is the trustor, not the trustee. The trustor conveys bare title to the trustee.

Option C: The lender

The lender is the beneficiary under a deed of trust, not the trustee holding bare legal title for foreclosure purposes.

Option D: The real estate agent

Real estate agents are not involved in the deed of trust structure.

Memory Technique

CA -> ca-foreclosure-property-servicing-and-debt-collection

Exam Tip

Legacy California general items should be used sparingly; they are kept officially supported for existing content but new MLO growth should focus more on DFPI/DRE, CFL, CRMLA, covered-loan, and usury rules.

Common Mistakes to Avoid

  • -Using a national baseline answer when California has agency-specific DFPI or DRE requirements
  • -Confusing CFL, CRMLA, covered-loan, usury, servicing, and DRE endorsement rules
  • -Relying on legacy California state-exam or education assumptions instead of current NMLS source pages
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