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In a West Virginia real estate transaction secured by a deed of trust, which party holds legal title to the property as a neutral third party until the loan is repaid?

Correct Answer

B) The trustee, who holds title on behalf of both parties

Under the West Virginia Deed of Trust Act (W. Va. Code §§ 38-1-1 et seq.), a deed of trust involves three parties: the trustor (borrower), the trustee (neutral third party), and the beneficiary (lender). The trustee holds legal title to the property in trust until the debt is satisfied or foreclosure occurs. This is the defining structural feature of WV's primary security instrument.

Answer Options
A
The beneficiary, who is the lender providing the funds
B
The trustee, who holds title on behalf of both parties
C
The trustor, who is the borrower receiving the loan
D
The mortgagee, who secures the lender's interest

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Related Topics & Key Terms

Key Terms:

deed_of_trusttrusteebeneficiarytrustorsecurity_instrument

Related Concepts

A fixed-rate mortgage has an interest rate that remains constant for the entire term of the loan, resulting in equal monthly principal and interest payments throughout the life of the mortgage.

Foreclosure is the legal process by which a lender takes possession of a property when a borrower fails to make mortgage payments. It allows the lender to sell the property to recover the outstanding debt.

The loan-to-value ratio (LTV) is the percentage of a property's appraised value or purchase price (whichever is lower) that is being financed through a mortgage. LTV = Loan Amount / Property Value.

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