Massachusetts Deed of Trust Form

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Massachusetts Deed of Trust Form

A Massachusetts deed of trust creates an arrangement in which property title is held by a trustee as security on a loan until the borrower has settled the debt. Once the loan is repaid, the trustee transfers ownership back to the borrower. This document is similar to a mortgage, except that the trustee may be authorized to foreclose the property without the court if default occurs.

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Last updated June 17th, 2025

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A Massachusetts deed of trust creates an arrangement in which property title is held by a trustee as security on a loan until the borrower has settled the debt. Once the loan is repaid, the trustee transfers ownership back to the borrower. This document is similar to a mortgage, except that the trustee may be authorized to foreclose the property without the court if default occurs.

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Deeds of trust must be notarized and recorded with the Registry of Deeds Office.[1] The office accepts deeds that meet the following requirements[2]:

  • White paper no larger than 8.5″ x 14″
  • 3″ x 3″ blank space at the top right of the first page

Mortgage or Deed of Trust

Massachusetts recognizes both mortgages and deeds of trust. A deed of trust names a trustee to hold title for the duration of the loan and non-judicially foreclose the property if necessary (known as “power of sale”). With a mortgage, the mortgagee holds title, but either the mortgagee or another party may conduct the foreclosure (judicially or non-judicially).[3]

Deed of Trust (Preview)

Sources

  1. Mass. Gen. Laws §§ 29, 30, 4
  2. Massachusetts Index & Formatting Standards
  3. Mass. Gen. Laws § 14