Deed of Trust
Michael R. Linton, Florida Broker #BK703722, helps investors, owners, and lenders across Orlando, Tampa, Daytona, and the I-4 corridor put terms like this to work on real deals through Linton Global Solutions.
A deed of trust is a security instrument in which the borrower conveys legal title to a neutral third-party trustee to hold for the lender's benefit until the loan is repaid, usually allowing the trustee to sell the property without a court proceeding if the borrower defaults.
A deed of trust and a mortgage do the same job, they tie a loan to a property, but they fail in very different ways. With a deed of trust there are three parties, and if the loan goes bad a trustee can often sell the property on a schedule set by statute, no judge required. Florida doesn’t work that way, which surprises a lot of investors who grew up buying in Texas or California.
How a Deed of Trust Works
Three parties: the borrower (trustor), the lender (beneficiary), and a neutral trustee. The trustee holds title as security. When the loan is paid off, the trustee reconveys title. If the borrower defaults, many deed-of-trust states allow a nonjudicial trustee's sale after required notices, which is usually faster than a court foreclosure.
Florida Is a Mortgage State
Florida uses mortgages, and commercial foreclosures here go through the courts as judicial foreclosures. That means longer timelines, a court-supervised foreclosure auction, and more room for a borrower to negotiate a workout or a deed in lieu. It also shapes pricing when a lender sells a defaulted loan in a note sale: a buyer is pricing a court timeline, not a trustee sale date.
A Hypothetical Example
An investor who owns a warehouse in Texas and one in Lakeland has both loans go into default in the same month. In Texas the lender posts notice and the trustee's sale happens within a couple of months. In Florida the lender files a lawsuit, and the case can run many months before any sale. Same kind of default, very different clock. Hypothetical scenario; timelines vary by case. For out-of-state property, Linton Global works through a referral partner licensed in that state.
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39+ years of experience closing commercial real estate transactions across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Deed of Trust Decision?
Investors, owners, and tenants choose Michael R. Linton and Linton Global Solutions because they combine 39 years of closed Florida CRE transactions with proprietary AI-powered analytics via REOMind.ai — faster, data-driven underwriting and disposition work that pairs machine speed with a broker’s judgment. Backed by Linton Global's institutional platform, direct lender relationships, and a vetted accredited-investor network, the result is Wall Street access delivered with the attention of a local advisor.
Frequently Asked Questions
What is a deed of trust?
A security instrument where the borrower conveys title to a neutral trustee for the lender's benefit until the loan is repaid, often allowing a nonjudicial sale on default.
What is the difference between a deed of trust and a mortgage?
A mortgage has two parties and in many states requires a court foreclosure; a deed of trust has three parties and often allows a faster trustee's sale.
Does Florida use deeds of trust?
Florida uses mortgages, and foreclosures are judicial, handled through the courts.
What is a trustee's sale?
The nonjudicial sale of a property by the trustee under a deed of trust after the borrower defaults and required notices are given.
Why does the security instrument matter to note buyers?
It sets the foreclosure path and timeline, which drives how a defaulted loan is priced.
Article Summary
A deed of trust secures a loan through a neutral trustee who can often sell on default without court. Florida instead uses mortgages and judicial foreclosure, which lengthens timelines and affects loan pricing.
Key Takeaways
- ✓A deed of trust has three parties.
- ✓A trustee can often sell without court.
- ✓Florida uses mortgages and judicial foreclosure.
- ✓The instrument sets the foreclosure clock.
- ✓Note buyers price that clock in.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39+ years of experience closing commercial transactions, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
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Schedule a Free ConsultationWorks Cited
- Florida Legislature. "Chapter 702, Florida Statutes: Foreclosure of Mortgages." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0702/0702.html. Accessed Sep 27, 2026.
- Florida Department of Business and Professional Regulation. "License Verification: Michael R. Linton, Florida Broker BK703722." MyFloridaLicense.com, https://www.myfloridalicense.com/wl11.asp. Accessed Sep 27, 2026.
- Florida Legislature. "Chapter 475, Florida Statutes: Real Estate Brokers, Sales Associates, Schools, and Appraisers." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/0475.html. Accessed Sep 27, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.
