Deed Of Trust Records Foreclosure In Travis
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FAQ
The power of sale clause allows a lender to foreclose the security interest and sell the secured property if the borrower is in breach of a material obligation under the terms of the promissory note, the deed of trust, or another contract, without court proceedings.
In California, lenders can foreclose on deeds of trust or mortgages using a nonjudicial foreclosure process (outside of court) or a judicial foreclosure process (through the courts). The nonjudicial foreclosure process is used most commonly in our state.
In Texas, deeds of trust are more commonly used to create a lien than a mortgage. Language that can be found in the contract that gives the lienholder the authority to foreclose on the property through the non-judicial foreclosure process, which does not require the lienholder to file a lawsuit against the homeowner.
Deed of Trust/Power of Sale A deed of trust containing a "power of sale" is the primary mortgage document utilized in Texas real property transactions. Consequently, the majority of foreclosures encountered are nonjudicial foreclosures exercised under the power of sale provisions contained in a deed of trust.
Once a deed has been recorded by the County Clerk's Office, copies of the deed may be requested if the original deed has been misplaced. Plain copies can be found by using the Official Public Records Search and selecting "Land Records". A certified copy may be purchased through request either in person or by mail.
If the lender is pursuing a foreclosure outside court, you can challenge a non-judicial foreclosure by initiating a lawsuit to stop the process until a court reviews the foreclosure. A successful defense may take several different forms, ranging from procedural issues to substantive errors or abuses.
Once a deed has been recorded by the County Clerk's Office, copies of the deed may be requested if the original deed has been misplaced. Plain copies can be found by using the Official Public Records Search and selecting "Land Records". A certified copy may be purchased through request either in person or by mail.
Property ownership information can be requested from the County Registrar-Recorder/County Clerk.
In Texas, you record your deed with the County Clerk in the county where the property exists. If the property is in more than one county, record it in each. It is important to record your deed. In Texas, the property is legally transferred when the grantee accepts the signed deed.