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Commercial Real Estate

Deed of Trust and Security Agreement

Drafting deeds of trust and security agreements manually requires hours of research across UCC provisions, state-specific foreclosure laws, and standard industry clauses. Attorneys must verify party definitions, ensure compliance with Article 9 requirements, and cross-reference multiple jurisdictional sources—all while maintaining accuracy in complex real property and personal property descriptions.

Automation ROI

Time savings at a glance

Manual workflow6.5 hoursAverage time your team spends by hand
With CaseMark25 minutesDelivery time with CaseMark automation
EfficiencySave 22.5x time with CaseMark

The Problem

Drafting comprehensive Deeds of Trust with integrated UCC security agreements requires extensive research into state-specific foreclosure laws, UCC Article 9 requirements, and dual-collateral provisions. Attorneys spend hours ensuring proper granting language, trustee powers, default remedies, and jurisdictional compliance while coordinating real and personal property security interests. Manual drafting risks inconsistencies between property types and missed state-specific requirements.

The CaseMark Solution

CaseMark automates the entire deed of trust drafting process by extracting transaction details from your documents and generating jurisdiction-specific instruments that seamlessly integrate real property conveyances with UCC security agreements. The system researches applicable state law requirements, incorporates proper foreclosure procedures, and ensures compliance with both recording statutes and UCC filing rules. Get professionally drafted, attorney-ready documents in minutes instead of hours.

Key benefits

How CaseMark automations transform your workflow

Generate complete deeds of trust in 12 minutes vs. 4.5 hours manually

Automatic UCC Article 9 compliance verification with cited legal sources

Jurisdiction-specific remedies and foreclosure provisions tailored to your state

Integrated web research for current legal standards from bar associations and official resources

Comprehensive coverage of both real property and personal property security interests

What you'll receive

Parties (Grantor, Trustee, Beneficiary)
Recitals
Grant of Deed of Trust
Security Agreement
Representations and Warranties
Covenants
Events of Default
Remedies
Governing Law and Miscellaneous
Signatures and Execution

Document requirements

Required

  • Loan Agreement or Promissory Note
  • Property Legal Description
  • Party Information

Optional

  • Title Report or Title Commitment
  • Personal Property Collateral List
  • Survey or Property Appraisal
  • Environmental Assessment
  • Existing Lease Agreements

Perfect for

Commercial Real Estate Attorneys
Transactional Lawyers
Real Estate Finance Attorneys
Banking and Lending Counsel
In-House Real Estate Counsel
Solo Practitioners handling Commercial Transactions

Also useful for

This workflow is applicable across multiple practice areas and use cases

Loan And Financing98% relevant

Deeds of trust are fundamental security instruments in loan transactions, securing repayment obligations with real and personal property collateral.

Banking and lending attorneys routinely draft deeds of trust as primary security documents for commercial loans, making this workflow essential for their practice.

Financial Services82% relevant

Financial institutions require compliant security agreements and deeds of trust for regulatory compliance in lending operations, including UCC Article 9 requirements.

Financial services attorneys must ensure lending documents meet regulatory standards and properly secure institutional interests in commercial financing transactions.

Corporate Finance78% relevant

Corporate financing transactions often require deeds of trust to secure debt obligations with company-owned real estate and equipment as collateral.

Corporate finance attorneys structure secured financing arrangements where deeds of trust protect lender interests in corporate borrowing transactions.

Litigators handling foreclosure proceedings and deed of trust disputes need to understand and reference properly drafted security instruments and trustee sale provisions.

Real estate litigation attorneys frequently encounter deed of trust enforcement issues and benefit from understanding proper drafting standards for evaluating disputed instruments.

Frequently asked questions

Q

What's the difference between a deed of trust and a mortgage?

A

A deed of trust involves three parties (borrower/grantor, lender/beneficiary, and trustee) and allows non-judicial foreclosure in most states, while a mortgage involves only two parties and typically requires judicial foreclosure. Deeds of trust convey legal title to a neutral trustee who can conduct a trustee's sale upon default, making foreclosure faster and less expensive. CaseMark automatically incorporates the correct structure and foreclosure provisions based on your jurisdiction's requirements.

Q

How does CaseMark handle both real and personal property collateral?

A

CaseMark creates a dual-purpose instrument that grants a deed of trust for real property while simultaneously creating a UCC Article 9 security interest in personal property, fixtures, and equipment. The system ensures the real property description meets recording requirements while the personal property description satisfies UCC sufficiency standards. It also includes provisions for both trustee sale remedies and UCC disposition rights, with proper authorization for UCC-1 financing statement filing.

Q

Does the deed of trust include state-specific foreclosure requirements?

A

Yes, CaseMark researches and incorporates jurisdiction-specific foreclosure procedures including required notice periods, publication requirements, trustee sale conduct rules, and redemption rights. The system accounts for whether your state follows title theory, lien theory, or intermediate theory, and includes appropriate provisions for deficiency judgments where applicable. All trustee powers and foreclosure procedures comply with your state's current statutes and case law.

Q

Can I customize the covenants and default provisions?

A

Absolutely. While CaseMark generates comprehensive standard covenants covering insurance, taxes, maintenance, and compliance with laws, you can modify any provision to match your specific transaction requirements. The system includes both affirmative and negative covenants with appropriate cure periods, and you can add transaction-specific requirements such as environmental compliance, subordination provisions, or restrictions on property use based on your uploaded documents and instructions.

Q

How long does it take to generate a complete deed of trust?

A

CaseMark typically generates a comprehensive, attorney-ready Deed of Trust and Security Agreement in 20-25 minutes after you upload your transaction documents. This includes extracting party information, property descriptions, and loan terms, researching applicable state law requirements, and drafting all necessary provisions with proper execution blocks. Compare this to the 6-7 hours typically required for manual drafting and research.