Texas Sample Letter for Deed of Trust
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FAQ
The granting clause is the part of the verbiage in an instrument of conveyance, such as a deed to real estate, that actually transfers the grantor's interest (owner's interest) to the grantee's interest (buyer's interest).
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.
Deeds of Trusts with Power of Sale clauses attached give lenders the right to foreclose the property nonjudicially. Power of sales clauses work because in a borrower agreement, the deed of trust is held by the third-party trustee instead of the lender.
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.
A "Short Form Deed of Trust" is a document that is used to secure a promissory note by using real estate as collateral. When filing a Deed of Trust, it places a lien against the property.
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.
In Texas, a grant deed conveys title to real property with implied covenants. By including the words "grant" or "convey," the grantor guarantees that he/she has not transferred title to the property to anyone other than the grantee, and that, at the time of transfer, the estate is free from impediments.
With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrower's promise (hence the name) to pay.
