Deeds of Trust in Texas

Attorneys Real Estate Group

We Handle Real Estate Contracts, Builder Disputes, Failure To Disclose & More..

“Texas is among the few states to be a “deed of trust” state. Many people get a mortgage to buy real property. It is a loan taken out by banks to fund buying property. In most states, there are just two people named on the legal document: both the loaner (bank) and the person who is borrowing (homeowner).”

Contact Us For A Free, Over The Phone Consultation

It’ll Be A Helpful Discussion With An Attorney

Deeds of Trust in Texas

A trust deed is like a mortgage in Texas and a few other states. It has three parties named in the document, each with a role in the loan. Find out all you should learn about deeds of trust in Texas and how they work in Texas.


What Is A Deed Of Trust In Texas?

A deed of trust is an agreement that legally binds the lender and the borrower to transfer the property to a third party neutral to the transaction, who is a trustee. The trustee is the person who holds the title deed until the borrower settles the loan in the total amount. During the repayment period, the borrower owns the title to his home, while the trustee owns an official title to the property or deed.

The title to the property gives the buyer the right to use the property, modify it in any way they like, and transfer their equity rights to others. It’s a legal way of declaring ownership. However, it’s not a legal document. However, the deed can be a legally binding document to prove or transfer ownership rights of a property.

They serve the same purpose of establishing a lien on property to guarantee the loan’s repayment; Texas deed of trust is more frequently utilized in Texas. This is because they include an option for sale that allows a designated trustee to sell the property in an auction if the borrower is in default. From the lender’s perspective, this can make the process more efficient and less expensive. However, some might also say from the borrower’s viewpoint. There is no need to file a lawsuit, and there is no need for judiciary oversight.


Which Are The Most Common Kinds Of Deeds Of Trust In Texas?

These are the most common kinds of deeds of trust in Texas.


General Warranty Deeds

The General Warranty Deed provides the best amount of protection for the buyer. The seller/grantor conveys numerous warranties or covenants to the buyer/grantee. These guarantees legally make the grantor liable. This includes the title being free of lien, easements, or other issues.


Special Warranty Deed –

This document offers less protection to buyers than a regular warranty deed. It includes fewer warranties. The grantor warrants they received the title and that it was not subject to encumbrance in the period they held it. However, they only guarantee that the title is free of imperfections after the time they took the title.


Deed Without Warranties –

This is the simplest type of deed available in Texas. We convey the title without any warranties, implied or expressed. This means that the grantor/seller is not obligated to defend against title defects when they arise.


Deed of Trust

A trust deed is not an actual deed. It is a security instrument like a mortgage that permits a property owner to get a loan from an individual bank or a third-party lender. The borrower is the grantor, and the lender is known as the grantee. The trust deed creates an obligation on the property to guarantee an individual’s (buyer’s) commitment to repay the loan. Once the borrower repays the loan, they can release the lien. Generally speaking, the grantee is responsible for paying property taxes and insurance, maintenance, and repairs for the property. The grantor must submit the trust deed to the local county court to send the notice of a lien on the property.


Quitclaim Deeds –

This type of deed is usually employed when the parties are in relationships, such as when parents or spouses are divorcing. It permits a straightforward transfer of rights to property and rights to a different person. Most of the time, there’s no exchange of money and, consequently, no warranties. Many people mistakenly believe that it’s a “quick claim deed” since the grantor is essentially quitting their right to the property fast, but the correct term would be “quit,” not “quick.”


Trustee’s Deed or Foreclosure Deed

A buyer can obtain a trustee’s or foreclosure deed by winning the bid on the property at the foreclosure sale. When the trust deed beneficiary fails to pay, the warranty deed to trustee sells the property to pay off the loan. The successful buyer at the auction receives a trustee’s title. The deed typically offers the same title guarantees in a standard warranty document.


Transfer on Death Deed

Transfer on Death Deed (TODD) is a type of deed where the person who owns it (grantor) creates a deed to transfer property to a beneficiary or beneficiaries following the owner’s death. If the property owner dies, it transfers directly to the beneficiaries without requiring probate.


Lady Bird Deed

A Lady Bird Deed is an irrevocable deed that preserves the life estate. A higher-valued life estate, also known as the “lady bird deed,” gives ownership rights to one person throughout their life. It also grants an interest in the property’s future to another person. Both life tenants and the remaining man do not need to give their approval to change or cancel the Lady Bird Deed.


When Does One Require A Deed Of Trust?

A texas deed in trust can prove helpful in a variety of situations. It is usually utilized when a property is being bought. The trust deed would be required in scenarios such as:


When Does One Require A Deed Of Trust?


  1. If two or more people and when two or more individuals are purchasing a home. Most couples in civil partnerships or marriages have their money and property protected.
  2. If two or more people are buying a house and only one has paid for the purchase or has paid for the majority of it. Buying properties can be expensive, so it’s common for one participant in the transaction to have more money and fund the purchase.
  3. If more than two people buy a home and only one has paid for it or the most, it must be helping with the mortgage payment.
  4. If a person purchases a home, the funds for this property come from the buyer’s parents. It is also a typical situation. In this situation, those who are the buyer’s parents have to make any financial contribution to the property.
  5. If more than two people purchase a home, the parent of one buyer participates in making financial contributions. One of the purchasers contributed more money than the other buyers.
  6. If one party is already the owner of an asset and the other party is moving in. This is typically the case with couples that are not married or between friends.
  7. If someone wants to gift a home to their children but worries they are too young. A trust deed is the best method if the children are the beneficiaries. One parent or a family member can be the trustee.
  8. People can make a trust deed for various reasons. For example, it can create trust for someone who can’t manage their property alone. It can also transfer properties and assets while the person is alive.


The Benefits of Deeds of Trust in Texas

Is texas a deed of trust state? You can customize a deed of trust to suit your needs, which is its primary benefit. Therefore, you’ll have to meet with your Declaration of Trust solicitor and discuss the best way to handle this scenario before you draft a proper contract that requires both parties’ signatures.

Next, you and the other party can sign a title deed. Your lawyer will guide you on how to do this. The title deed prevents someone else from transferring the property. This is without each party being aware of the other. Another benefit is that it provides security for both partners. If their relationship breaks down. Because it keeps the individual’s assets from creditors.

The Deed of Trust contract will protect you from everything! Mainly, what happens if someone would like to sell off parts of these properties? Or business relationships with other people they might have after a breakup. Having the correct paperwork from a conveyance attorney safeguards your investment effectively. However, it also eliminates worries about disagreements should you break up later.

It’s also typical for couples to share the expenses of buying a home. Making sure you have legal protection is vital. Consider whether or not they are tax-free in the event of their passing in the form of inheritance. Your solicitor will also be able to advise you on planning considerations. For instance, building extensions are typically required when buying a house jointly.


Can You Sell a House With a Sell Trust Deeds?

Owners of homes can sell their properties through the deed of trust. However, the process is different from an average property transaction.

Suppose a homeowner or the trustor can borrow money to buy or refinance a house. In that case, the legal title of the property is typically transferred to a neutral third party, usually an escrow company or title firm. This arrangement guarantees that the interests of the lender are protected.

If you intend to sell a property with a sell trust deed, the first procedure is to get the lender’s permission. The amount of the loan that is tied to the deed needs to be settled in the course of selling. In most cases, the proceeds from the sale are used to pay the amount. The title of the property is transferred from the title firm to the homeowner or buyer.

A problem could occur when the home’s market value declines, leading to losses. In these situations, homeowners often ponder options such as stopping foreclosure at the final second. If you’re in a similar position, looking at services that help you sell your home fast is beneficial.


Can Anyone Help Me With The Deed Of Trust Process?

Suppose you employ an attorney to prepare the deed of Trust. This gives you security, knowing you can protect your investment. If you draw it yourself, you could make a mistake or fail to have the property acknowledged in court. We suggest hiring an attorney who handles convincing. If this sounds like something you would like to do for you!

When you hire a knowledgeable and competent legal professional. They will be able to give you valuable information on safeguarding your assets. Particularly from future legal battles concerning inheritance rights. About who the owner is in the event of someone’s death, without leaving written instructions that outline what will happen to their estate. It is common for families to fall into financial ruin due to the inability to access funding options available.


Frequently Asked Questions (FAQs)


What exactly is the meaning of an assignment trust deed?

If a bank sells a loan secured by a trust deed, they need to require a trust deed assignment. The person who purchases this loan (such as a lender) transfers the trust deed and grants the buyer all property rights. The original document records the trust deed, making it public.


What happens to the trust deed once you’ve paid the mortgage off?

After you have paid your loan off, the trustee is accountable for dissolving the trust and transferring ownership of the property to you. Now you own 100% of your home.


Can you sell your house using a trust deed?

Yes, you can. You’ll need the lender’s permission when you sell your home for less than the loan. After auctioning off the property, the trustee uses the funds to pay the lender the amount they owe. The borrower is then paid the money not paid.


What is the length of time the trust deed lasts?

Like a mortgage, a deed of trust Texas typically includes a maturity date when the loan must be paid in full. This date may vary depending on the transaction. Sometimes, a trust deed doesn’t have a date of maturity. The state’s laws determine how long a deed of trust can last, which varies from 10 to 60 years after it is recorded.


What is a purchase trust deed?

An acquisition money trust protects the money used to purchase the property. It also grants the purchaser priority over any lien or encumbrances against them.


Does a trust deed demonstrate the owner?

No. Deeds of Trust are official documents that provide security for an investment in real estate. It’s only proof that a third party is legally entitled to title–i.e., ownership — to the property you own until you’ve made off according to the conditions of the loan.


The Bottom Line

A trust deed can be a legal document used to facilitate the purchase of real property. It is a contract between the lender and the borrower to hold the property in trust by an impartial and unaffected third party until the loan is repaid.

Instead of using mortgages, people utilize trust deeds, but these agreements have some differences. A mortgage is only two individuals: the lender and the loaner. The trustee, the property owner, holds a deed of trust until the mortgage is paid. Both of these documents are associated with various foreclosure options.

Alec Stroup

ALEC STROUP Associate Attorney  Roseville Office  1-866-471-6981  Alec...

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  Bio...