California Deed of Trust Form

A California deed of trust, also called a trust deed, is a document that secures a loan used to buy real property. This deed of trust form regulates the relationship between the Borrower, the Lender and the Trustee. To learn more, see our full article on deed forms.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.

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How a California Deed of Trust Works

The Borrower receives money from the Lender to buy real property. As security against the loan, the Borrower gives legal title to the property to the Lender. Until the loan is fully paid, the Trustee holds this title in trust for the Lender. After the full payment of the loan amount, the title goes back to the Borrower.

This document provides the Lender with insurance if the Borrowers do not pay money on time or do not pay at all. Many people choose to use this document instead of a mortgage relationship.

Good to know: "trust deed" and "deed of trust" are two names for the same document, so you may see either one on your loan papers.

When a Deed of Trust Is Used

A deed of trust shows up in many kinds of real estate loans. A buyer who borrows money for a home, a plot of land or another property uses one, and so does an owner who borrows against property they already own. The loan, the Lender and the Trustee are all named in the same document.

  • Buying a home with a loan from a bank
  • Buying land with a loan from a private lender
  • Borrowing from a relative to cover the purchase of a house
  • Closing the sale of a property that the Borrower buys with borrowed money

Key Terms in a Trust Deed

A trust deed relies on a few terms that are easy to confuse. Understanding each one makes the form simpler to complete and the accompanying loan documentation easier to read. These are the terms you will meet most often.

  • Borrower: the person who receives the loan and buys the property.
  • Lender: the person or company that provides the money for the loan.
  • Trustee: the third party named in the deed of trust who holds the title to the property until the loan is paid off.
  • Note: the written promise to repay the loan, with the sum borrowed and the date of the last repayment.
  • Rider: an add-on page of extra terms that goes with the main document.
  • Real property: land and the buildings on it.
  • Legal description: the formal description of the land, which is longer than a street address and is usually copied from the current deed.

Trust Deed Laws and Requirements in California

Each state has its laws governing real property relations. Below are the main provisions related to the situation in California. Compare them with your loan papers, so the names, the property and the dates match across every document.

Laws

In California, the use of this document is described in § 1091-1099 of the Civil Code.

Signing requirements

Like all other types of deeds, this form must be signed in the presence of a notary public. All parties to the agreement must append their signatures.

Recording requirements

Once signed, the document is sent to the County Office where the property is located.

After that, all parties must keep a copy of the document.

What to Have Ready Before You Fill in the Form

Gather the details before you begin, so that you can complete the trust deed form in a single sitting. Keep your loan documentation and the current deed to the property within reach, and confirm that every name and number on the form matches those documents.

  • The full names and addresses of the Borrower, the Lender and the Trustee, for example Anna Baker, 123 Main Street
  • The sum you borrowed, written in words and in figures
  • The date of the last loan repayment
  • The county, city, street and zip code of the property
  • The full legal description of the property
  • The address where the recorded form should be sent back to you
Copy the legal description exactly as it appears on the current deed, including every number and abbreviation.

How to Fill Out and File a Trust Deed in California

The form must contain a specific legal language, so we advise you to use our form-building software to create the document. The software walks you through each field, and you can save your progress and finish later on any device.

  1. Provide the Return Address of the Form. Once the form is recorded in the County’s Office, it is sent to the address you specified. Enter the full name and address of the recipient.
    • Enter the Date. In point A, enter the date you fill out the form.
  2. Enter the Names of the Parties. In paragraphs B, C and D, write the names of the parties and details such as their addresses.
  3. Fill in the “Note”. In this paragraph, write:
    • The date of filling
    • The loan amount (in words and figures)
    • The date of the last loan repayment
  4. Read the Definitions. Carefully read points F to H.
    • Check the Rider. In paragraph H, check the one box that applies.
    • Read the Remaining Definitions. Read items I – Q carefully.
    • Fill in the Transfer of Rights. In this paragraph, specify the location of the real property, including:
      • Township
      • County
      • Street
      • City
      • Zipcode
      • Full legal description
  5. Provide all Signatures. All three parties to the document must sign the form and write their names side by side. A notary public must also sign and certify the document.
    • Record the Form. Find out the address of the County’s Office and send the form there for recording. You will most likely also need to pay the filing fee—check the up-to-date amount at the Office.

Example of a Filled-In Trust Deed

A sample entry for each part of the form shows how the details fit together. The names, addresses and figures below are made up for illustration, so replace each one with the information from your own loan documentation.

Part of the formSample entry
Return addressAnna Baker, 123 Main Street, Anytown, CA 90000
Date in point AThe day you fill out the form
BorrowerAnna Baker, 123 Main Street, Anytown, CA 90000
LenderExample Lending Company, 456 Oak Avenue, Anytown, CA 90000
TrusteeSam Rivera, 789 Pine Road, Anytown, CA 90000
NoteTwo hundred fifty thousand dollars ($250,000), with the last repayment on June 1, 2056
Property123 Main Street, Anytown, Sample County, CA 90000, plus the full legal description copied from the current deed

Tips for Completing Your Trust Deed

A few careful habits help you avoid mistakes when you prepare a deed of trust. Take your time with the transaction details, and check each one twice before you print the final copy for signing.

  • Write every name exactly as it appears on the identification of that person.
  • Confirm that the written words and the numerical figures for the loan are consistent.
  • Read each paragraph of the form carefully before you continue to the following paragraph.
  • Print a clean copy and review it one more time before anyone signs the document.
  • Keep a signed copy of the trust deed with your other loan papers in a safe place.

Common Mistakes to Avoid

Most problems with a deed of trust start with small details that were copied too quickly. Slow down on the parts of the form that name people, money and land, because those details link the Borrower, the Lender and the Trustee to the loan.

  • Using a nickname instead of the full name of the Borrower, the Lender or the Trustee
  • Copying the street address of the property instead of its full legal description
  • Writing one sum in words and a different sum in numerical figures
  • Skipping a paragraph of the form because it resembles other documents
  • Leaving the signed copy in a place where it is hard to find later

Frequently Asked Questions

A deed of trust ties one loan to one property. Most questions therefore concern the identity of the parties, the loan documentation and the description of the land. Check each answer against your own loan papers before you sign anything.

What is a California deed of trust?

A deed of trust, also called a trust deed, is a document that secures a loan used to buy real property. It involves a Borrower, a Lender and a Trustee.

What information do I need to fill in a trust deed form?

Gathering these details first lets you finish the form in one sitting:

  • The names and addresses of the parties
  • The sum borrowed and the date of the last repayment
  • The legal description of the property

Where can I find the legal description of my property?

Check the current deed to the property first. Copy the legal description exactly as written, including every number and abbreviation.

Can I create a California trust deed online?

Yes. Answer a few simple questions in our form-building software, save your progress, and then download and print the document on any device.

What is the Note in a trust deed?

The Note is the written promise to repay the loan. In the form, you write the date, the sum borrowed and the date of the last repayment in the Note paragraph.

Who are the Borrower, the Lender and the Trustee?

The Borrower is the person who receives the loan, and the Lender is the person or company that provides it. The Trustee is the third party named in the deed of trust who holds the title to the property for the Lender until the loan is paid off.

Should I keep a copy of my trust deed?

Keep a signed copy with your other loan papers. A copy helps you answer questions about the loan and about ownership of the property later, for example when you sell the property.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
Published: Apr 24, 2022