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FinancingDeed_of_trust_vs_mortgage_distinctionHARD

An investor from California purchases a rental property in Biloxi, Mississippi and finances it with a local Mississippi lender. The investor is accustomed to California's mortgage system and asks his Mississippi real estate agent about the key structural difference in how title is held under the Mississippi security instrument. Which of the following MOST accurately describes how title is held under Mississippi's primary security instrument?

Correct Answer

C) A neutral third-party trustee holds legal title to the property as security until the loan is repaid

Under Mississippi's deed of trust structure (Miss. Code Ann. §89-7-1 et seq.), the borrower (trustor) conveys legal title to a neutral third-party trustee, who holds that title as security for the lender (beneficiary) until the loan is fully repaid. Upon payoff, the trustee reconveys title to the borrower via a deed of reconveyance. This three-party arrangement is the fundamental structural difference between a deed of trust and a mortgage.

Answer Options
A
The lender holds legal title to the property until the loan is fully repaid by the borrower
B
The borrower retains full legal title, and the lender holds only a lien interest in the property
C
A neutral third-party trustee holds legal title to the property as security until the loan is repaid
D
Title is held jointly by the borrower and lender as tenants in common until the debt is satisfied

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Related Topics & Key Terms

Key Terms:

deed_of_trusttitle_theorylien_theorytrustee_holds_titlemississippi_vs_california
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