Add Comments Legal Texas Deed of Trust Forms For Free

To make material corrections to the original deed, the statutes require that a correction deed, to be valid and enforceable, must be executed by the original parties to the recorded instrument of conveyance or, if applicable, by a party's heirs, successors, or assigns.

Only when the parties initial the changes and sign a statement why they are being made is the correction of a certified copy acceptable for recording, but even then, can it be only made for the types of errors specified in the statutes (see above). It is always advisable to check with the local county recorder.

The granting clause grants the property with its related rights and appurtenances, beginning with “grants, sells, and conveys.” The habendum clause defines the extent of property ownership conveyed to the grantee, beginning with “to have and to hold.” The warranty clause describes the warranties of title made by the ...

In order to qualify for a non-judicial foreclosure, the lienholder must have a deed of trust with a "power of sale" clause, giving them the authority to sell the property. These foreclosures are governed by Section 51.002 of the Texas Property Code as well as the contractual documents.

The process to add your spouse to your property title takes a few simple steps: New General Warranty Deed. Have a new General Warranty Deed prepared. Sign and notarize the deed. File the deed. Mail or take the original, signed and notarized, deed to the county clerk's office for recording.

Four-Year Statute of Limitations. In Texas, there is a four-year limitations period, which begins to run the day after the cause of action accrues for judicial foreclosures and non-judicial foreclosures under a power of sale in a mortgage or deed of trust.

Granting Clause: The clause in the deed that lists the grantor and the grantee and states that the property is being transferred between the parties.

But a deed of trust adds a third party into the agreement: a trustee, an unbiased third party that holds the property's title while the loan is being repaid. This setup can make a big difference as to what happens if the borrower defaults.

1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.