Some states use Deeds of Trust and others use Mortgage Agreements . Both are used to essentially put a lien on a property to secure a loan to purchase that property. The difference is that a Deed of Trust includes a third-party trustee, borrower and lender. A mortgage includes just the borrower and lender. Most often if your state uses mortgages, it utilizes judicial foreclosures, which means the lender files a lawsuit for the right to foreclose. Deeds of Trust most often use non-judicial foreclosures, meaning the lender doesn't have to go through the court system if they want to foreclose. If you have already bought property and are not sure if you have a Deed of Trust or mortgage, you can review your original paperwork or contact your local land records office to see what kind of document you signed.