Bexar Texas Deed of Trust to Secure Assumption

State:
Texas
County:
Bexar
Control #:
TX-1013
Format:
Word; 
Rich Text
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Description

This is a Texas deed of trust to sure an assumption.

Bexar Texas Deed of Trust to Secure Assumption is a legal document that serves as a safeguard for lenders in Bexar County, Texas when financing real estate transactions. This deed provides a security interest or lien on the property being financed, allowing the lender to foreclose on the property in the event of default. The Bexar Texas Deed of Trust to Secure Assumption gives the lender the right to recover the outstanding loan amount by selling the property if the borrower fails to make the agreed-upon mortgage payments. It is important to note that this deed allows for assumption, meaning the borrower can transfer the property to another party who will take over the mortgage payments. There are different types of Bexar Texas Deed of Trust to Secure Assumption, including: 1. Standard Deed of Trust to Secure Assumption: This is the most common type of deed used in Bexar County, Texas. It outlines the terms and conditions of the loan, including the interest rate, repayment period, and any applicable penalties or fees. 2. Wraparound Deed of Trust to Secure Assumption: This type of deed is used when the borrower wants to add a secondary loan on top of an existing mortgage. The wraparound deed combines the existing loan with the new loan, creating one payment for the borrower. The lender holding the wraparound deed assumes the responsibility of making the payments on the existing loan. 3. Non-Assumable Deed of Trust to Secure Assumption: In some cases, the lender may include a non-assumable clause in the deed, preventing the borrower from transferring the property and the loan obligation to another party without the lender's consent. The Bexar Texas Deed of Trust to Secure Assumption is an essential document in real estate transactions, providing protection for both lenders and borrowers. It ensures that lenders have a legal claim on the property and can recoup their investment if the borrower defaults on the loan. Borrowers, on the other hand, can transfer the property to another party, allowing for a smooth transition of ownership while maintaining the mortgage payments.

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FAQ

An assumption deed allows a grantee to assume liability for existing indebtedness and promise to discharge one or more existing liens against the property.

Both a warranty deed and deed of trust are used to transfer the title of a property from one person to another. However, the difference between these two contracts is who is protected. As you now know, a deed of trust protects the beneficiary (lender). A warranty deed, on the other hand, protects the property owner.

Until the unrecord deed is processed, and title transferred, the holders of the title still own the property. They can mortgage the property or sell it. The plan for the children to receive and record the deed may not have legal authority.

Texas Assumption Deed of Trust As the title indicates, in a deed of trust to secure assumption, another person assumes the note already in place, guaranteeing payment to the grantor in the deed. The agreement means that the buyer or grantee in the deed takes the property, assuming the debt currently on the property.

Texas Assumption Deed of Trust As the title indicates, in a deed of trust to secure assumption, another person assumes the note already in place, guaranteeing payment to the grantor in the deed. The agreement means that the buyer or grantee in the deed takes the property, assuming the debt currently on the property.

In Texas, there's no requirement that a deed be recorded in the county clerk's records to be valid. The only requirement is that it be executed and delivered to the grantee, at which time the transfer becomes fully effective between the grantor (seller) and the grantee (buyer).

To assume a loan, the buyer must qualify with the lender. If the price of the house exceeds the remaining mortgage, the buyer must remit a down payment that is the difference between the sale price and the mortgage. If the difference is substantial, the buyer may need to secure a second mortgage.

An assumption clause is a provision in a mortgage contract that allows the seller of a home to pass responsibility for the existing mortgage to the buyer of the property. In other words, the new homeowner assumes the existing mortgage and?along with it?ownership of the property that secures the loan.

Section 13.001 - Validity of Unrecorded Instrument (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

There are a variety of deeds that are recognized in Texas, but the four most common deeds seen are general warranty deeds, special warranty deeds, no warranty deeds, and quitclaims.

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More info

County seal for Bexar County, Texas. Official Records Search.San Antonio, TX: The Health Collaborative. Find out the logistics of mortgage assumption in regard to your divorce. Certain revocable (living) trusts (see Tax Code Section 152. Think you'll have trouble securing a loan from a bank? Do I need a Deed of Trust to Secure the Assumption of the loan, when doing a Subject-to? Lien appealed to the San Antonio Court of Appeals. Memorandum of Assumption Agreement recorded in Volume 13810, Page 307, Real Property.

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Bexar Texas Deed of Trust to Secure Assumption