A deed of trust is a legal document that transfers ownership of real property (real estate) to a trustee until the person or entity buying the real property repays a loan for the purchase of the real property. A deed of trust is similar to a mortgage—some states use a mortgage and other states use a deed of trust.

In a deed of trust transaction a lender (the bank) gives a borrower (who is purchasing the real property) money to pay the seller, and the borrower gives the lender one or more promissory notes for repayment of the loan. As security for the promissory notes, the borrower transfers the ownership interest (title) in the real property to a trustee—often a title company—to hold until the borrower repays the lender.

If the borrower fails to timely make payments and defaults on the loan, the property generally may be sold without the lender using or going through the court system. This is known as nonjudicial foreclosure and is usually less time-consuming and less expensive for the lender.

A deed of trust is also known as a trust deed, a trust indenture, an indemnity mortgage, or a common-law mortgage.

In Wisconsin, the primary instrument used for securing a loan for the purchase of real estate is a mortgage, not a deed of trust. Wisconsin is a 'lien theory' state, which means that the borrower retains the title to the property while the mortgage serves as a lien against the property for the loan. When a borrower takes out a mortgage, they sign a promissory note and a mortgage document. The promissory note is the borrower's promise to repay the loan, and the mortgage document creates a lien on the property as security for the loan. If the borrower defaults on the loan, the lender must go through the judicial foreclosure process to sell the property, which involves the court system. Nonjudicial foreclosure, which is typically associated with deeds of trust and does not require court intervention, is not used in Wisconsin for residential foreclosures. Therefore, while deeds of trust are used in some states to secure a loan for the purchase of real property, they are not the customary method in Wisconsin.