How to file a deed of trust in Texas?

To file a deed of trust in Texas, start by preparing the related documents accurately. After ensuring everything is in order, you must take them to the appropriate county clerk's office, such as the Bexar County Clerk's Office. File the Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder along with any required fees. Following these steps helps ensure your deed of trust is correctly filed and recognized.

US Legal Forms
Localized Forms
Texas
Bexar
Texas Assignment of Deed of Trust by Corporate Mortgage Holder

Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder

Category:

Real Estate - Mortgages and Deeds of Trust

State:

Texas

County:

Bexar

Control #:

TX-121RE

Format:

Instant download

Upgrade to a Package! Assignment of Mortgage Value Package Go to Package

Description

This is an assignment of mortgage/deed of trust form where the owner of the deed of trust/mortgage conveys the owner's interest in the deed of trust/mortgage to a third party. The holder of the deed of trust/mortgage is a corporation.

Austin Letter of Notice to Borrower of Assignment of Mortgage

View this form

Austin Letter to Recording Office for Recording Assignment of Mortgage

View this form

Austin Owner's - Seller's - Affidavit

View this form

Austin Assignment Agreement

View this form

San Antonio Assignment of Mortgage

View this form

Checklist - Partnership Agreement

View this form

Connecticut Postnuptial Agreements Package

View this form

Petition to Reinstate Driving Privilege

View this form

Checklist Regarding Matters that must be D...

View this form

Individual Credit Application

View this form

Asset Purchase Agreement - Business Sale

View this form

12.9 ADA-Retaliation

View this form

Limited Title Opinion

View this form

2.43 UNLAWFUL SALE OR DISPOSITION OF FIREA...

View this form

Sexual Exploitation of Children Producing ...

View this form

How to fill out Texas Assignment Of Deed Of Trust By Corporate Mortgage Holder?

Locating authenticated templates tailored to your regional regulations can prove difficult unless you utilize the US Legal Forms database.

It’s a digital collection of over 85,000 legal documents catering to both personal and professional requirements along with various real-life situations.

All the files are systematically categorized by field of application and jurisdiction areas, thus searching for the Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder becomes as swift and simple as ABC.

Maintain your paperwork organized and compliant with legal standards is of utmost significance. Utilize the US Legal Forms library to always have necessary document templates for any requirements readily available at your fingertips!

Examine the Preview mode and document description.
Ensure you’ve chosen the right one that fulfills your requirements and aligns completely with your local jurisdiction standards.
Seek another template if necessary.
Once you identify any discrepancies, employ the Search tab above to find the correct one. If it fits your needs, proceed to the next step.
Acquire the document.

Form popularity

FAQ

The purpose of an assignment of a mortgage is to transfer the rights and responsibilities associated with the mortgage from one party to another. This is particularly important in the real estate market of Bexar Texas, where corporate mortgage holders often engage in assignments to manage their portfolios efficiently. By understanding the assignments, you can gain insights into your financial obligations and the implications for your property. Using resources like US Legal Forms can help streamline this complex process for you.

To file a deed of trust in Texas, start by preparing the related documents accurately. After ensuring everything is in order, you must take them to the appropriate county clerk's office, such as the Bexar County Clerk's Office. File the Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder along with any required fees. Following these steps helps ensure your deed of trust is correctly filed and recognized.

Filing a deed of trust in Texas involves preparing the document in compliance with state laws. After preparing the deed, you must submit it to the county clerk's office where the property is located, including Bexar County. The Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder must be properly executed and notarized. Once filed, the deed becomes part of the public record, providing legal protection for all parties.

While a trust deed can offer various benefits, there are disadvantages to consider. One primary concern is the potential loss of property in case of default, as the lender has quick access to reclaim the property. Understanding the Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder can provide more insights into these risks and help you evaluate your options.

The Assignment of a deed of trust is typically signed by the corporate mortgage holder, often an authorized representative of the lending institution. In some cases, the borrower may also need to acknowledge the assignment. This process is vital when it comes to the Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder, ensuring that all paperwork is handled correctly.

A trust in Texas requires a clear intention to create the trust, a definite beneficiary, and specific property transferred to the trust. The trust must also comply with state laws to be valid. Understanding the nuances of a Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder can help clarify these requirements further.

In Texas, a deed of trust must be in writing and signed by the borrower. It should also include a legal description of the property and be recorded in the county where the property is located. The process often involves understanding the Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder to ensure compliance with local regulations.

In Texas, a deed of trust can be prepared by any legal professional, such as an attorney, or by a qualified individual with the right knowledge of real estate law. It's advised to have a knowledgeable expert to ensure that all the requirements of the Bexar Texas Assignment of Deed of Trust by Corporate Mortgage Holder are met. This can help prevent future complications regarding the ownership and obligations tied to the property. Utilizing platforms like USLegalForms can provide you with the necessary templates and guidance for preparing a deed of trust correctly.

To obtain a copy of your deed in Bexar County, you can visit the Bexar County Clerk's Office or access their online records portal. The office maintains all public records, including the Assignment of Deed of Trust by Corporate Mortgage Holder. You will need to provide specific information, such as property address and possibly identification. This process easily grants you access to your legal documents.

In a Bexar Texas Assignment of Deed of Trust, the corporate mortgage holder must sign the document to validate the transfer. It's important that the signing party has the authority to act on behalf of the corporate entity. Additionally, typically the borrower should also sign to acknowledge the assignment. This process ensures that all parties are aware and agree to the changes in the mortgage's terms.

Irvine 8.189 Interstate Transportation of Stolen Property

View this form

Trusted and secure by over 3 million people of the world’s leading companies

Assignment of Deed of Trust by Corporate Mortgage Holder

Assignments Generally:

Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties. When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor. To effectuate an assignment, the general rule is that the assignment must be in proper written format and recorded to provide notice of the assignment.

Satisfactions Generally:

Once a mortgage or deed of trust is paid, the holder of the mortgage is required to satisfy the mortgage or deed of trust of record to show that the mortgage or deed of trust is no longer a lien on the property. The general rule is that the satisfaction must be in proper written format and recorded to provide notice of the satisfaction. If the lender fails to record a satisfaction within set time limits, the lender may be responsible for damages set by statute for failure to timely cancel the lien. Depending on your state, a satisfaction may be called a Satisfaction, Cancellation, or Reconveyance. Some states still recognize marginal satisfaction but this is slowly being phased out. A marginal satisfaction is where the holder of the mortgage physically goes to the recording office and enters a satisfaction on the face of the the recorded mortgage, which is attested by the clerk.

Texas Law

Recording Satisfaction:

There are no provisions requiring a Texas creditor to release a fully paid debt, but if a creditor fails to do so within 60 days of full payoff, a representative of a title insurance company may record an affidavit which releases the lien described in the affidavit.

Acknowledgment:

An assignment or satisfaction must contain a proper Texas acknowledgment, or other acknowledgment approved by Statute.

Texas Statutes

CHAPTER 12. RECORDING OF INSTRUMENTS

§ 12.001. Instruments Concerning Property

(a) An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law.

(b) An instrument conveying real property may not be recorded unless it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable.

(c) This section does not require the acknowledgement or swearing or prohibit the recording of a financing statement, a security agreement filed as a financing statement, or a continuation statement filed for record under the Business & Commerce Code.

(d) The failure of a notary public to attach an official seal to an acknowledgment, a jurat, or other proof taken outside this state but inside the United States or its territories renders the acknowledgment, jurat, or other proof invalid only if the jurisdiction in which the acknowledgment, jurat, or other proof is taken requires the notary public to attach the seal.

§ 12.009. Mortgage or Deed of Trust Master Form

(a) A master form of a mortgage or deed of trust may be recorded in any county without acknowledgement or proof. The master form must contain on its face the designation: "Master form recorded by (name of person causing the recording)."

(b) The county clerk shall index a master form under the name of the person causing the recording and indicate in the index and records that the document is a master mortgage.

(c) The parties to an instrument may incorporate by reference a provision of a recorded master form with the same effect as if the provision were set out in full in the instrument. The reference must state:

(1) that the master form is recorded in the county in which the instrument is offered for record;

(2) the numbers of the book or volume and first page of the records in which the master form is recorded; and

(3) a definite identification of each provision being incorporated.

(d) If a mortgage or deed of trust incorporates by reference a provision of a master form, the mortgagee shall give the mortgagor a copy of the master form at the time the instrument is executed. A statement in the mortgage or deed of trust or in a separate instrument signed by the mortgagor that the mortgagor received a copy of the master form is conclusive evidence of its receipt. On written request the mortgagee shall give a copy of the master form without charge to the mortgagor, the mortgagor's successors in interest, or the mortgagor's or a successor's agent.

(e) The provisions of the Uniform Commercial Code prevail over this section.

§ 12.017 PROP. Title Insurance Company Affidavit as Release of Lien; Civil Penalty

(a) In this section:

(1) "Mortgage" means a deed of trust or other contract lien on an interest in real property.

(2) "Mortgagee" means:

(A) the grantee of a mortgage;

(B) if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record; or

(3) "Mortgage servicer" means the last person to whom a mortgagor has been instructed by a mortgagee to send payments for the loan secured by a mortgage. A person transmitting a payoff statement is considered the mortgage servicer for the mortgage described in the payoff statement.

(4) "Mortgagor" means the grantor of a mortgage.

(5) "Payoff statement" means a statement of the amount of:

(A) the unpaid balance of a loan secured by a mortgage, including principal, interest, and other charges properly assessed under the loan documentation of the mortgage; and

(B) interest on a per diem basis for the unpaid balance.

(6) "Title insurance company" means a corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in this state.

(b) This section applies only to a mortgage on property consisting exclusively of a one-to-four-family residence, including a residential unit in a condominium regime.

(c) If a mortgagee fails to execute and deliver a release of mortgage to the mortgagor or the mortgagor's designated agent within 60 days after the date of receipt of payment of the mortgage by the mortgagee in accordance with a payoff statement furnished by the mortgagee or its mortgage servicer, an authorized officer of a title insurance company may, on behalf of the mortgagor or a transferee of the mortgagor who acquired title to the property described in the mortgage, execute an affidavit that complies with the requirements of this section and record the affidavit in the real property records of each county in which the mortgage was recorded.

(d) An affidavit executed under this section must state that:

(1) the affiant is an authorized officer of a title insurance company;

(2) the affidavit is made on behalf of the mortgagor or a transferee of the mortgagor who acquired title to the property described in the mortgage;

(3) the mortgagee provided a payoff statement with respect to the loan secured by the mortgage;

(4) the affiant has ascertained that the mortgagee has received payment of the loan secured by the mortgage in accordance with the payoff statement, as evidenced by:

(A) a bank check, certified check, escrow account check from the title company or title insurance agent, or attorney trust account check that has been negotiated by the mortgagee; or

(B) another documentary evidence of the receipt of payment by the mortgagee;

(5) more than 60 days have elapsed since the date payment was received by the mortgagee;

(6) the title insurance company or its agent has given the mortgagee at least 15 days' notice in writing of its intention to execute and record an affidavit in accordance with this section, with a copy of the proposed affidavit attached to the written notice; and

(7) the mortgagee has not responded in writing to the notification, or a request for additional payment made by the mortgagee has been complied with at least 15 days before the date of the affidavit.

(e) The affidavit must include the names of the mortgagor and the mortgagee, the date of the mortgage, and the volume and page or clerk's file number of the real property records where the mortgage is recorded, together with similar information for a recorded assignment of the mortgage.

(f) The affiant must attach to the affidavit a photostatic copy, certified as a true copy of the original document, of:

(1) the documentary evidence that payment has been received by the mortgagee, including the mortgagee's endorsement of a negotiated check if paid by check; and

(2) the payoff statement.

(g) An affidavit that is executed and recorded as provided by this section operates as a release of the mortgage described in the affidavit.

(h) The county clerk shall index the affidavit in the names of the original mortgagee and the last assignee of the mortgage appearing of record as the grantors and in the name of the mortgagor as grantee.

(i) A person who knowingly causes an affidavit with false information to be executed and recorded under this section is liable for the penalties for filing a false affidavit, including the penalties for commission of offenses under Section 37.02 PROP. of the Penal Code, and to a party injured by the affidavit for actual damages or $5,000, whichever is greater. The attorney general may sue to collect the penalty. If the attorney general or an injured party bringing suit substantially prevails in an action under this subsection, the court may award reasonable attorney's fees and court costs to the prevailing party.