Deed of settlement vs. trust deeds

Written by marie brannon
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Deed of settlement vs. trust deeds
Articles of Association (incorporations articles image by Keith Frith from Fotolia.com)

Differences between a Deed of Settlement and trust deeds include their definitions, uses and purposes. One is filed at the county level and the other at the state level.

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Definition of Deed of Settlement

According to the Black's Law Dictionary, this term was previously used in England for the "formation of joint stock companies constituting certain persons [as] trustees of the partnership property and containing regulations." In America, these provisions are now outlined in and regulated by Articles of Association.

Articles of Association

Commonly filed with the Secretary of State upon formation of a business, these documents set forth the purposes, duration, classes of stock and other corporate facts. These are also known as Articles of Incorporation in some states.

Definition of Deed of Trust

The term "deed of trust" is used to describe "an instrument used in some states, taking the place of and serving the uses of a mortgage," according to Black's Law Dictionary. Legal title to real property is placed in the hands of trustees to secure repayment of a sum of money (or other security in some cases).

Uses of Documents

A corporation formed in the United States will file Articles of Association at start-up, but unless it buys or sells real estate that is encumbered, it would have no reason to file a Deed of Trust regarding that property.

Public Availability

In the United States, deeds to real property are filed and recorded at the county level within each state. Corporate records are also public in most states. All of these are public records which can be viewed, copied, researched and otherwise used by anyone. Some counties and/or states collect modest fees for filing, copying or retrieving these documents.

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