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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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Mortgage Deed of Trust

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Workflow

Mortgage Deed of Trust

Overview

CaseMark's Mortgage & Deed of Trust skill automates the drafting of recording-ready residential security instruments tailored to each property's jurisdiction. The AI selects the correct instrument type, structures enforceable borrower obligations with uniform covenants, and formats the document with proper execution formalities for county recording.

Drafting residential security instruments requires careful jurisdiction analysis, precise legal descriptions, and comprehensive covenant structuring. Attorneys must determine whether state law requires a mortgage or deed of trust, draft appropriate granting language, include all necessary uniform and non-uniform covenants, and ensure the document meets recording requirements — a process that demands significant time and carries substantial risk if provisions are missing or incorrect.

CaseMark automates the entire security instrument drafting process by analyzing the property jurisdiction, selecting the correct instrument type, and generating a complete document with all required covenants, default provisions, and execution formalities. The AI integrates your loan terms and title commitment data to produce a recording-ready instrument that you can review, customize, and file with confidence.

How it works

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

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

  3. 3. Review the complete security instrument with covenants, default provisions, and execution formalities

  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 & Foreclosure Provisions

  • Non-Uniform / Jurisdiction-Specific Covenants

  • Execution & Acknowledgment Blocks

What it handles

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

  • Complete 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, county, 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 additional property description verification

    .pdf

  • HOA or Condo Documents

    Homeowners association or condominium declarations for properties requiring special riders or covenants

    .pdf, .docx

Why teams use it

Eliminate hours of manual drafting with AI that automatically selects and structures the correct instrument for any U.S. jurisdiction

Reduce errors with automated legal description integration and jurisdiction-specific covenant selection

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

Handle complex scenarios including condominiums, PUDs, investment properties, and flood zone requirements without separate research

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. It applies state-specific rules to determine whether a mortgage (judicial foreclosure) or deed of trust (non-judicial/power of sale) is required, ensuring the correct granting language, party structure, and foreclosure framework.

Will the generated document be ready for recording?

Yes. CaseMark formats the instrument to meet county recording requirements, including proper margins, font sizes, return-address blocks, and execution/acknowledgment formalities. You should verify local recorder-specific formatting requirements before filing.

Can CaseMark handle special property types like condominiums or PUDs?

Absolutely. CaseMark includes riders and additional covenants for condominiums, planned unit developments, second homes, investment properties, and flood zone properties. Simply indicate the special circumstances in your input and the appropriate provisions will be incorporated.

Does the instrument include standard uniform covenants?

Yes. CaseMark drafts comprehensive uniform covenants covering payment obligations, property maintenance, insurance requirements, tax escrow, preservation of property, and all standard borrower obligations modeled on industry-standard security instrument forms.

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 any street address, and the system includes the street address, county, parcel ID, and all relevant property identifiers.

Can I customize the default and foreclosure provisions?

Yes. CaseMark generates jurisdiction-appropriate default, acceleration, and foreclosure provisions that you can review and modify. The AI structures these based on state law requirements, including notice periods, cure rights, and power-of-sale procedures where applicable.

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