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The main difference between a deed and a deed of trust is that a deed is a transfer of ownership, while a deed of trust is a security interest. A deed of trust is used to secure a loan, while a deed is used to transfer ownership of a property.
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.
The Deed of Trust must be in writing, signed by the property owner, and filed in the County Clerk property records. The Deed of Trust should describe the loan amount, name a Trustee, and describe the collateral securing the loan. A correct legal description of the property is essential for a valid Deed of Trust.
How can I find the legal description of a piece of property? Generally, you can find the legal description on the property deed, and the county appraiser's office is the easiest place to find this information. In Texas, tax appraisal district information is open to the public.
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.
Recording Deeds Texas does not require that a deed be recorded in the county clerk's real property records in order to be valid. The only requirement is that it is executed and delivered to the grantee, which then makes the transfer fully effective.
(a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law.
In order to conduct a property title search on your own without paying a lawyer or a title company, you should head to your county clerk's office. In Texas, each county clerk's office is responsible for keeping detailed property records ? these records are public, and therefore available for you to view.