A deed of trust is a legal document that transfers ownership of real property (real estate) to a trustee until the person or entity buying the real property repays a loan for the purchase of the real property. A deed of trust is similar to a mortgage—some states use a mortgage and other states use a deed of trust.

In a deed of trust transaction a lender (the bank) gives a borrower (who is purchasing the real property) money to pay the seller, and the borrower gives the lender one or more promissory notes for repayment of the loan. As security for the promissory notes, the borrower transfers the ownership interest (title) in the real property to a trustee—often a title company—to hold until the borrower repays the lender.

If the borrower fails to timely make payments and defaults on the loan, the property generally may be sold without the lender using or going through the court system. This is known as nonjudicial foreclosure and is usually less time-consuming and less expensive for the lender.

A deed of trust is also known as a trust deed, a trust indenture, an indemnity mortgage, or a common-law mortgage.

In New Mexico, a deed of trust is a legal instrument used in real estate transactions as an alternative to a traditional mortgage. It involves three parties: the borrower (trustor), the lender (beneficiary), and the trustee, who holds the legal title to the property as security for the loan. The trustee is typically a title company or another neutral third party. When the borrower takes out a loan to purchase property, they sign a promissory note agreeing to repay the lender, and concurrently, a deed of trust is recorded, transferring the property's title to the trustee. If the borrower defaults on the loan, the trustee has the authority to sell the property through a nonjudicial foreclosure process, which is generally faster and less costly than judicial foreclosure because it does not require court intervention. This process is governed by New Mexico state statutes, which outline the specific procedures and requirements for executing a deed of trust and conducting a nonjudicial foreclosure.