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In a Texas real estate transaction, a lender perfects a security interest by preparing, executing, and filing a deed of trust. In a personal property transaction, a secured party perfects their rights by filing a financing statement with the Texas Secretary of State.
Filing a Financing Statement to Perfect the Security Interest. Security interests for most types of collateral are usually perfected by filing a document simply called a "financing statement." You'll usually file this form with the secretary of state or other public office.
A security interest is not enforceable unless it has attached. Attachment of a security interest generally requires a written security agreement, description of collateral, secured party's giving value, and the debtor having rights in collateral. A security interest may attach to after-acquired property.
Section 501.111 - Perfection of Security Interest (a) Except as provided by Subsection (b), a person may perfect a security interest in a motor vehicle that is the subject of a first or subsequent sale only by recording the security interest on the title as provided by this chapter.