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Mortgage Deed of Trust

Draft Recording-Ready Mortgages & Deeds of Trust in Minutes

12 minutes with CaseMark

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2. Upload the files you want analyzed.

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Workflow

Mortgage Deed of Trust

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Workflow

Mortgage Deed of Trust

Overview

CaseMark's Mortgage & Deed of Trust skill drafts recording-ready residential security instruments tailored to the property's jurisdiction. It automatically selects between a Mortgage and Deed of Trust based on state law, structures enforceable borrower obligations with uniform covenants, and formats the entire document for county recording with proper execution formalities.

Drafting residential security instruments is a time-intensive process requiring attorneys to determine the correct instrument type for each jurisdiction, manually integrate legal descriptions from title commitments, and ensure compliance with state-specific foreclosure and recording requirements. A single error in granting language, property description, or execution formalities can render the instrument unenforceable or unrecordable, creating significant liability exposure.

CaseMark automates the entire drafting workflow by analyzing jurisdiction requirements, selecting the appropriate instrument type, and generating a complete recording-ready document with uniform covenants, default provisions, and proper execution blocks. Attorneys can review, customize, and finalize the instrument in a fraction of the time, with confidence that jurisdiction-specific requirements are addressed.

How it works

  1. 1. Upload your loan terms, party details, and title commitment

  2. 2. AI selects the correct instrument type based on jurisdiction and structures all provisions

  3. 3. Review and customize covenants, default terms, and foreclosure provisions

  4. 4. Export the recording-ready document in your preferred format (DOCX, PDF)

What you get

  • Recitals & Granting Clause

  • Property Description

  • Uniform Covenants & Borrower Obligations

  • Default & Acceleration Provisions

  • Foreclosure / Power of Sale Provisions

  • Escrow & Insurance Requirements

  • Execution & Acknowledgment Blocks

  • Recording Information

What it handles

  • Automatic jurisdiction-based instrument selection (Mortgage vs. Deed of Trust)

  • Uniform covenants and borrower obligation structuring

  • Default, acceleration, and foreclosure provision drafting

  • Recording-compliant formatting with proper execution blocks

  • Property description integration from title commitments

  • Special circumstance handling for condos, PUDs, and investment properties

Required documents

  • Loan Terms & Party Information

    Document containing borrower and lender names, loan amount, interest rate, payment schedule, maturity date, and any special loan features (ARM, balloon, prepayment terms)

    .pdf, .docx, .txt

  • Title Commitment

    Title commitment or title report containing the full legal description, property address, parcel ID, and any exceptions or encumbrances

    .pdf, .docx

Supporting documents

  • Promissory Note

    The executed or draft promissory note to ensure the security instrument accurately references all note terms

    .pdf, .docx

  • Survey or Plat Map

    Property survey or plat map for verification of legal description and identification of easements or encroachments

    .pdf

  • Prior Security Instruments

    Any existing mortgages or deeds of trust on the property for subordination or cross-reference purposes

    .pdf, .docx

Why teams use it

Eliminate hours of manual drafting with AI that auto-selects the correct instrument type and populates jurisdiction-specific provisions

Reduce errors by integrating legal descriptions directly from title commitments and ensuring granting clause accuracy

Ensure compliance with state-specific foreclosure requirements, notice provisions, and recording formalities

Handle complex scenarios including ARMs, balloon payments, condos, PUDs, and investment properties without starting from scratch

Questions

How does CaseMark determine whether to draft a Mortgage or Deed of Trust?

CaseMark analyzes the property's state jurisdiction to select the legally appropriate instrument. States that use non-judicial foreclosure receive a Deed of Trust with trustee and power-of-sale provisions, while judicial foreclosure states receive a traditional Mortgage. The selection is never defaulted — it is always jurisdiction-confirmed.

Will the drafted instrument be ready for recording?

Yes. CaseMark formats the document to meet county recording requirements, including proper margins, execution blocks, notary acknowledgments, and return-address headers. You should verify local recording office specifications before filing, but the output is designed to be recording-ready.

Can CaseMark handle special property types like condos or PUDs?

Absolutely. CaseMark includes riders and supplemental covenants for condominiums, planned unit developments (PUDs), second homes, investment properties, and properties in flood zones. Simply indicate the special circumstance in your input and the appropriate provisions will be incorporated.

Does the instrument include standard Fannie Mae/Freddie Mac uniform covenants?

CaseMark structures borrower obligations and uniform covenants consistent with industry-standard residential security instruments. The output includes payment obligations, property maintenance requirements, insurance and escrow provisions, and transfer restrictions that align with secondary market expectations.

How does CaseMark handle the legal description?

CaseMark integrates the legal description directly from your uploaded title commitment, ensuring it matches exactly. The legal description controls over the street address, and the system includes the street address, county, parcel/tax ID, and full metes-and-bounds or lot-and-block description as provided.

Can I customize the default and foreclosure provisions?

Yes. CaseMark generates comprehensive default, acceleration, and foreclosure provisions based on jurisdiction requirements, but every section is fully editable. You can adjust cure periods, notice requirements, and remedies to match your specific transaction terms before finalizing.

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