In Texas, lenders can issue a mortgage on a piece of real property by loaning the purchase price to a debtor, executing a promissory note for the loan and securing the note with a deed of trust. The deed of trust sets forth the remedies for the lender in the event that the borrower defaults on the loan. Often, the remedies include foreclosing on the property. After the deed of trust is filled out, it can be filed in the deed of trust record, which is also known as the mortgage record, at the county clerk’s office.
Verify that the deed of trust is valid. It must be signed by the parties and notarized. Count the number of pages in the deed while you examine it; the cost to file the deed is based on the number of pages.
Visit the land records division in the county clerk’s office in the county where the land at issue in the deed of trust is located.
Ask the clerk to “record” the deed of trust. Pay the required filing fee. In Collin County, for example, deeds of trust cost $16 for the first page and $4 for each subsequent page, as of 2009. The clerk will then take the deed, make a copy of it, and file it with the deed of trust records. The original copy of the deed is stamped with an official seal and handed back to the party.
- Lonestar Land Law: Deeds in Texas
- Texas State Library and Archives: Records of Real Property
- American Bar Association. "Commercial Real Estate FAQs: What Is the Difference Between a Mortgage and a Deed of Trust?" Accessed July 31, 2020.
- Cornell Law School. "Deed of Trust." Accessed April 6, 2020.
- Consumer Financial Protection Bureau. "Deed of Trust." Accessed July 5, 2020.
- American Bar Association. "Glossary of Real Estate Terms: Deed of Trust." Accessed July 31, 2020.
- Consumer Financial Protection Bureau. "How Does Foreclosure Work?" Accessed July 5, 2020.
- American Bar Association. "Mortgage Note -- Deed of Trust Note." Accessed July 31, 2020.
Based in Traverse City, Mich., George Lawrence has been writing professionally since 2009. His work primarily appears on various websites. An avid outdoorsman, Lawrence holds Bachelor of Arts degrees in both criminal justice and English from Michigan State University, as well as a Juris Doctor from the Thomas M. Cooley Law School, where he graduated with honors.