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Capp (1893) 99 Cal. 153, 157.) Next, the Statute of Frauds requires that the document be signed by the party whom the document is being enforced against. Therefore, a deed of trust needs to be signed by the trustor.
Deed of Trust The trustee (someone other than the buyer and the lender) gets the deed and technically owns the property while the loan exists. The trustee cannot sell the property unless the borrower defaults on the loan. The trustee transfers the property to the buyer when the borrower repays the loan.
A valid deed in Texas must name the parties involved (grantor and grantee), their intent to convey property, sufficiently describe the property to be conveyed, and the deed must be signed and delivered by the grantor.
Texas Deed Of Trust Requirements A deed of trust has a power sale clause that allows the trustee to sell the property if the buyer or borrower defaults. This means there is no need for filing a lawsuit or going through normal procedures involved when a person with mortgage defaults on their loan.
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.