Land records · Parcel maps · October 5, 2026
What Is a Trustee's Deed? Trust Sales vs Foreclosures
What is a trustee's deed? A deed signed by a trustee, either for property held in a trust or after a foreclosure sale. How to tell which one you have.
What is a trustee’s deed? The term covers two quite different documents. In one, the trustee of a living trust or other trust transfers property the trust owns. In the other, the trustee named in a deed of trust sells a home at a foreclosure auction and conveys it to the winning bidder, often on a form called a trustee’s deed upon sale. Both are signed by someone acting in a trustee role rather than as an individual owner, and both make limited promises about title. This page explains each and how to tell them apart in county records. It is general background, not legal advice.
Trustee’s deed from a trust
When property is held in a revocable living trust or another trust, the trust’s trustee is the legal owner of record. To sell the property or distribute it to a beneficiary, the trustee signs a trustee’s deed. Typical situations:
- The person who created the trust has died, and the successor trustee is distributing the house to the children named in the trust.
- The trust is selling the property and the trustee is conveying it to a buyer.
- A trustee is moving property out of the trust for refinancing or another reason.
Because trust property usually does not go through probate, a trustee’s deed is often how real estate passes after death in a trust-based estate plan. Title companies commonly ask for a certificate or memorandum of trust showing the trustee’s authority, and sometimes a death certificate for the original trustee.
Trustee’s deed after a foreclosure
In states that use a deed of trust to secure home loans, the trustee named in that document can sell the property at a public auction after the borrower defaults and the legal notice periods run. The trustee then issues a trustee’s deed upon sale to the highest bidder, which may be the lender itself or an outside buyer. These deeds usually:
- Recite the default, the notices given, and the date and place of sale.
- State the amount bid and paid.
- Make no warranties about the condition of the title or the property.
Buyers at trustee’s sales take on risks such as other liens, occupants who must be removed, and no inspection beforehand.
How to tell them apart
| Clue on the document | Trust conveyance | Foreclosure sale |
|---|---|---|
| Grantor shown as | “Jane Doe, Trustee of the Doe Family Trust” | “ABC Trustee Services, as Trustee” |
| Mentions | Trust name and date | Default, notice of sale, auction |
| Consideration | Sale price or none (distribution) | Amount bid at auction |
| Common title | Trustee’s deed | Trustee’s deed upon sale |
What a trustee’s deed promises
Either way, a trustee generally promises only that they have authority to convey and, in some cases, that they have not personally burdened the title. Neither type works like a general warranty deed. That is why title searches and owner’s title insurance are standard for buyers.
Finding one in county records
Trustee’s deeds are recorded with the county recorder or register of deeds. For a trust transfer, search the grantor index under the trust’s name and the trustee’s name. For a foreclosure, look for a recorded notice of default and notice of sale before the trustee’s deed. These documents together explain a jump in the chain of title that might otherwise look odd. The executor’s deed plays the same role when property passes through probate instead.
What is a trustee’s deed FAQ
Is a trustee’s deed the same as a deed of trust?
No. A deed of trust secures a loan. A trustee’s deed transfers ownership, either out of a trust or to a buyer after a foreclosure sale.
Does a trustee’s deed come with a warranty?
Usually only a limited one, or none. Trustees generally promise only that they have authority to convey.
Who signs a trustee’s deed for a living trust?
The current trustee, often a successor trustee after the person who created the trust has died or stepped down.
What is a trustee’s deed upon sale?
The deed issued to the winning bidder after a non-judicial foreclosure auction under a deed of trust.
How do I find a trustee’s deed for a property?
Search the county recorder’s index by the trust name, the trustee’s name, or the property owner, and look at nearby filings such as notices of default.