Power of Sale Clause A power of sale provision is a significant element of a deed of trust, as it states the conditions when a trustee can sell the property on behalf of the beneficiary. Typically, this predicts when you will be delinquent on your mortgage.
Transferring real estate to a living trust in Texas involves signing a deed that transfers the interest in the property to the trust and then recording this deed with the county to formalize the transfer. A wide range of financial accounts, including bank accounts, can also be transferred to a living trust.
The deed of trust must then be recorded with the county where the property is located, and each of the parties (the trustor, trustee, and lender) should keep a copy of the recorded document.
WHERE DO I RECORD THE DEED? After the deed has been signed and notarized, the original needs to be filed and recorded with the county clerk in the county where the property is located. You can mail the deed or take it to the county clerk's office in person. Only original documents may be recorded.
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 ...
(b) A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues.
How do I get a copy of my deed? We have 11 locations within Harris County, or you may submit a request in writing by fax, mail or email. We need to know the owner name and legal description of the property. Please note that the legal description can be obtained from your tax statement.
Texas doesn't require you to record your trust. As long as it's signed, notarized, and properly funded, it's valid.