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How a California Trust Deed Works | HanoverMC

By Hanover MC On September 28 2026

How a California trust deed works for investors: the note, the deed of trust, the three parties, and how the money moves.

For Trust Deed Investors

How a California Trust Deed Works

Investments in trust deeds secured by one or more interests in real property are subject to risk of loss.

Quick answer

Trust deed investing means lending money to a real estate borrower in exchange for a promissory note secured by a recorded deed of trust on the property. The investor becomes the beneficiary, receives interest payments during the loan term, and is repaid principal when the borrower refinances, sells, or pays off the loan. In California, loans arranged for investors by a broker are regulated by the Department of Real Estate (DRE).

A trust deed works differently from stocks and bonds: your money is lent against a specific piece of California real estate, and your claim on that property is recorded in the county records in your name (or your custodian's, for your benefit). For many investors, that makes trust deeds a way to diversify beyond stocks and bonds into income tied to real estate.

Trust deed investing has been part of California's private lending market for decades. If you've read our overview, Trust Deed Investing in California, this guide goes one level deeper into the mechanics: what you actually own, who is involved, how the money moves, and the vocabulary you'll see in every deal. It's written by Hanover Mortgage Company (HanoverMC), a California private money mortgage company that arranges trust deed loans for private investors.

What you own: the note and deed of trust

Every trust deed investment is built on two documents that work together:

Document What it does What it means for you
Promissory note The borrower's written promise to repay — amount, interest, payment schedule, maturity date. Your right to be paid.
Deed of trust Recorded with the county, it makes the property the security for the note. Your claim on the real estate if the borrower doesn't pay.

The note is the debt; the deed of trust is the collateral. Together they are what investors mean when they say they "own a trust deed."

The three parties in a trust deed

A mortgage in many states involves two parties. A California deed of trust involves three:

  • Trustor — the borrower who owns the property and signs the deed of trust.
  • Beneficiary — the lender. As a trust deed investor, this is you (or your self-directed IRA custodian, for your benefit).
  • Trustee — a neutral third party, often a title or trustee company, that holds the power of sale if the loan defaults and records the release (reconveyance) when the loan is paid.

That third party is what allows California's non-judicial foreclosure process under Civil Code Section 2924, which generally resolves a default without going through the courts.

How the money moves

  1. 1 · A borrower needs capitalA real estate owner or investor needs a business purpose loan a bank won't make or can't close in time.
  2. 2 · The broker underwrites the loanA private money mortgage company such as HanoverMC reviews the property, value, lien position, and the borrower's plan to repay.
  3. 3 · You review the opportunityYou receive written disclosures on the loan and decide whether to fund it.
  4. 4 · The title company funds and recordsYour money goes to a major title company, the loan closes, and the deed of trust records with you as beneficiary.
  5. 5 · You receive paymentsThe borrower pays interest (and sometimes principal) during the term, usually through a servicer.
  6. 6 · The loan pays offThe borrower refinances or sells, you receive your principal, and the lien is released.

If a borrower stops paying, California's non-judicial foreclosure process applies — see Foreclosure of a Trust Deed Investment.

Why investors choose trust deeds

  • Real property security. Your loan is tied to a specific, recorded piece of real estate you can look up and evaluate.
  • Scheduled payments. Borrowers agree to make interest payments on a set schedule for a defined term. Payments depend on the borrower performing and are not guaranteed.
  • Deal-by-deal choice. You decide which property, lien position, term, and amount fit your goals.
  • Portfolio diversification. Trust deeds add real estate–secured lending to a portfolio, and you can spread capital across several loans, property types, lien positions and California regions instead of concentrating it in one.
  • Retirement-account eligible. Trust deeds can be held in self-directed IRAs and similar accounts through a qualified custodian.

Diversification can help spread risk, but it does not eliminate it — no investment is risk-free. Borrowers can default, property values can fall, and your money is committed until the loan pays off. We walk through those risks and the questions to ask first in Who Can Invest.

Trust deeds vs. mortgage funds

Many California firms offer trust deed exposure in two very different ways. Neither is right for everyone:

  Individual trust deed Mortgage fund
What you own A note and a recorded deed of trust on a specific property An interest in a pool of loans chosen by the fund manager
Who picks the loans You, loan by loan The manager
Transparency You see the property, value and lien position for each loan You see portfolio-level reporting
Diversification Built one loan at a time (or through fractional loans) Spread across many loans automatically
Rules that apply DRE rules for broker-arranged trust deeds Securities offering rules for the fund

As a private money mortgage company, HanoverMC arranges individual trust deeds — whole and fractional — for investors who prefer to choose their loans one at a time. Fractional trust deeds let you split capital across more loans, so you can build diversification one property at a time while still seeing each deal.

Key trust deed terms

Term Plain-English meaning
Lien position The order loans are repaid from the property. A 1st is paid first; a 2nd or 3rd is paid after the loans ahead of it.
LTV / CLTV Loan-to-value compares the loan to the property's value. Combined LTV counts every lien. A lower LTV means more equity in the property ahead of your loan, but it does not guarantee protection — property values can fall, and you may lose some or all of your investment.
Business purpose loan A loan for investment or commercial use, not a borrower's personal or household needs.
Balloon payment A large final payment at maturity, usually repaid by a refinance or sale.
Whole vs. fractional One investor funds the whole loan, or up to 10 investors share it under California's multi-lender rules (B&P Code §10238).
Servicing Collecting payments from the borrower and sending them to you.
Reconveyance The recorded release of the deed of trust once the loan is paid in full.

How California regulates trust deeds

  • The deed of trust system. A trustee with power of sale allows a defined, non-judicial path if a borrower defaults.
  • Licensed brokers. Firms that arrange trust deed investments for others must hold a DRE license, which you can verify at dre.ca.gov.
  • Required investor disclosures. Before you fund, a broker must give you a written Lender/Purchaser Disclosure Statement (DRE form RE 851A) and evaluate suitability under B&P Code §10232.45.
  • A varied market. Residential, commercial, mixed-use and land loans across the state mean investors can look at many different property types and diversify by location and asset class.

The DRE also publishes a free investor guide, Trust Deed Investments — What You Should Know!! (RE 35), on its publications page.

Where HanoverMC fits in

HanoverMC (Hanover Mortgage Company) is a California private money mortgage company. We arrange business purpose 1st, 2nd, and 3rd trust deed loans; we do not fund them. The capital comes from private investors — individuals, trusts, and self-directed retirement accounts — who become the beneficiary on each loan.

Every loan goes through underwriting and closes on custom California loan documents prepared for that transaction. HanoverMC generally considers financing up to 70% LTV on 1–4 unit properties and up to 65% LTV on commercial and land are case by case deals. When there is more than one loan on the property, such as a 2nd or 3rd trust deed, the maximum is generally 65% CLTV. All loans are evaluated case by case.

Frequently asked questions

What is trust deed investing?

Trust deed investing means lending money to a real estate borrower and receiving a promissory note secured by a recorded deed of trust on the property. The investor becomes the beneficiary, receives the borrower's interest payments during the loan term, and is repaid principal when the loan is paid off.

What is the difference between a promissory note and a deed of trust?

The promissory note is the borrower's promise to repay the debt. The deed of trust is the recorded document that secures that promise with the property. The note creates the obligation; the deed of trust gives the lender a claim on the real estate if the obligation is not met.

Who are the three parties in a California deed of trust?

A California deed of trust has three parties: the trustor (the borrower who owns the property), the beneficiary (the lender or investor), and the trustee (a neutral third party that holds the power of sale and records the reconveyance when the loan is repaid).

Is trust deed investing passive?

Trust deed investing can be largely passive when a licensed broker arranges the loan and a servicer you choose collects payments, but the investor still decides which loans to fund and must respond to decisions such as extensions or a default.

Can trust deeds help diversify a portfolio?

Trust deeds can add real estate–secured lending to a portfolio that is otherwise concentrated in stocks and bonds. Investors can also diversify within trust deeds by spreading capital across several loans, property types, lien positions and regions, or by using fractional trust deeds. Diversification spreads risk but does not eliminate it.

How is an individual trust deed different from a mortgage fund?

With an individual trust deed, the investor chooses a specific loan and property and is named on the recorded deed of trust. With a mortgage fund, the investor buys an interest in a pool of loans chosen by the fund manager, spreading capital across many loans selected by the manager.

Invest with HanoverMC

Hanover Mortgage Company is a California private money mortgage company. See the kinds of loans HanoverMC arranges, learn how the investor program works, or call to talk through what you're looking for.

Investor Program Recent Deals 714-838-1474 ext. 102
DISCLAIMER: Investments in trust deeds secured by one or more interests in real property are subject to risk of loss. Hanover Mortgage Company is California licensed only. Real Estate Broker – California Department of Real Estate. Broker License #01410448 ? NMLS I.D. Number: 337458. DRE license information telephone number: 877-373-4542, or check license status at www.dre.ca.gov. INTEREST RATES CAN CHANGE WITHOUT NOTICE. ASK US FOR CURRENT RATE INFORMATION. BORROWERS AND PROPERTIES MUST QUALIFY. CONDITIONS AND RESTRICTIONS MAY APPLY. Loan programs, amounts, rates and terms are subject to change without notice. Loan approval is not guaranteed and all loan applications are subject to verification of acceptable credit, income, employment, lien position and value of collateral in the sole discretion of Hanover Mortgage Company. Flood and/or property hazard insurance may be required. Additional fees, conditions, restrictions and limitations may apply. Not all programs are available in all areas. The interest rate for adjustable rate mortgage loans is subject to increase. Please contact Hanover Mortgage Company to determine your eligibility for a specific loan product. Hanover Mortgage Company does not offer financing for those transactions defined as 'Covered Loans' or 'High Cost Loans' in any state or federal law. Hanover Mortgage Company is a Mortgage Broker; loans are arranged, not funded, by Hanover Mortgage Company. Mortgage Broker fees will apply unless stated otherwise. Disclosure: Money invested through a mortgage broker is not guaranteed to earn any interest or return and is not insured. State law dictates that we acknowledge that interest on trust deeds is not guaranteed. No investment is completely risk free and past performance is not a guarantee of future results. Before investing, investors must be provided applicable disclosure documents. Investment Products: Are Not FDIC Insured • Are Not Bank Guaranteed • May Lose Value • Are Not a Deposit • Are Not Insured by Any Federal Government Agency. Investments arranged through Hanover Mortgage Company are not insured or guaranteed. All investments carry inherent risks, including the potential loss of principal. Past performance is not indicative of future results. This article is general information, not legal or tax advice.
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DISCLAIMER
Hanover Mortgage Company is California licensed only. Real Estate Broker – California Department of Real Estate. Broker License #01410448 │ NMLS I.D. Number: 337458. INTEREST RATES CAN CHANGE WITHOUT NOTICE. ASK US FOR CURRENT RATE INFORMATION. BORROWERS AND PROPERTIES MUST QUALIFY. CONDITIONS AND RESTRICTIONS MAY APPLY. Loan programs, amounts, rates and terms are subject to change without notice. Loan approval is not guaranteed and all loan applications are subject to verification of acceptable credit, income, employment, lien position and value of collateral in the sole discretion of Hanover Mortgage Company. Flood and/or property hazard insurance may be required. Additional fees, conditions, restrictions and limitations may apply. Not all programs are available in all areas. The interest rate for adjustable rate mortgage loans is subject to increase. Please contact Hanover Mortgage Company to determine your eligibility for a specific loan product. Hanover Mortgage Company does not offer financing for those transactions defined as ‘Covered Loans’ or ‘High Cost Loans’ in any state or federal law. Hanover Mortgage Company is a Mortgage Broker. Mortgage Broker fees will apply unless stated otherwise. Disclosure: Money invested through a mortgage broker is not guaranteed to earn any interest or return and is not insured. State law dictates that we acknowledge that interest on trust deeds is not guaranteed. No investment is completely risk free and past performance is not a guarantee of future results. Before investing, investors must be provided applicable disclosure documents. Investment Products: Are Not FDIC Insured • Are Not Bank Guaranteed • May Lose Value • Are Not a Deposit • Are Not Insured by Any Federal Government Agency. Investments arranged through Hanover Mortgage Company are not insured or guaranteed. All investments carry inherent risks, including the potential loss of principal. Past performance is not indicative of future results.