Texas Trust Deed Form

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A Texas trust deed form is a document that secures a loan with real estate. The deed of trust names three parties: the borrower, the lender and a trustee who holds the property in trust. Create yours online with FormsPal, or download the PDF and fill it in by hand.

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On the Texas deed of trust form, the Trustor is the property owner who borrows the money and the Beneficiary is the lender. The Trustee is the third party named to hold the property in trust.

What Is a Texas Trust Deed?

A Texas trust deed, also called a Texas deed of trust, is a document that ties a loan to a piece of real property. Three parties take part: the borrower, the lender and the trustee.

The FormsPal template calls them the Trustor, the Beneficiary and the Trustee, and each one has a name and address on page 1.

The focal aspect of a Texas trust deed is to ensure the borrower delivers their obligations and refunds the lender for financial assistance in acquiring premises.

As the borrower offers legal title to their sponsor, the covenant also guarantees that the lender will not abuse the trust by selling the estate illegally. Therefore, the trustee is involved: they become the assignor and interim titleholder-in-trust on behalf of the lender. To learn more about deed forms, check our full article: https://formspal.com/deed-forms/.

Trust Deed Laws and Requirements in Texas

A Texas deed of trust brings the borrower, the lender and the trustee together in one document, along with the loan details and a description of the property. Have those details at hand before you begin. Keep a recent property tax bill nearby, because it usually lists the tax parcel number the form asks for.

Laws

Texas trust covenants are regulated by Title 2, Chapter 5 of the Texas Property Code and should include the below-listed aspects:

  • The borrower’s, the lender’s, and the trustee’s names, addresses, and business details
  • Amount lent, interest rate, and date due
  • Estate legal description
  • Additional terms that define the agreement
  • Acknowledgment by all parties

Signing Requirements

Texas trust covenants must contain legal names and signatures of the three parties: the borrower, the lender, and the trustee. If any signatory has a legal representative acting on their behalf, submit the representative’s authorization.

Under Section 11.002 (c) of the Texas Property Code, the trust covenant must be certified in the presence of a notary public.

Filing Requirements

Once the paperwork is verified, the preparer should record the free fillable deed of trust form at the local Register of Deeds in the County Clerk’s Office. Use the district department where the real estate is situated.

How to Fill Out a Texas Deed of Trust

These steps follow the FormsPal Texas trust deed template that you can create online or download as a PDF. Each step matches one part of the form, in the order the parts appear on the page. Have your loan details, the property address and the names of all three parties ready before you start.

The screenshots under each step show the FormsPal Texas Trust Deed template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Recording Requested By and Tax Parcel No.

    On page 1, fill in the three Recording Requested By lines with a name and address. Then enter the Tax Parcel No. You can usually find it on the property tax bill.

    Texas Trust Deed: RECORDING REQUESTED BY, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Date, Trustor, Trustee and Beneficiary

    Under DEED OF TRUST, enter the day, month and year the deed is dated. Then add the name and address of the Trustor, the Trustee and the Beneficiary. The Trustor is the property owner and the Beneficiary is the lender.

    Texas Trust Deed: DEED OF TRUST, filled with sample entries
    Step 2: sample entries, not a real document.
  3. Loan amount

    In the recitals, enter the loan amount in dollars. The form dates the loan the same day as the deed, so there is no separate loan date to fill in.

    Texas Trust Deed: Loan, filled with sample entries
    Step 3: sample entries, not a real document.
  4. County, State and street address of the Property

    In the paragraph that conveys the property, enter the county, the state and the street address. Compare the spelling with the property tax bill.

    Texas Trust Deed: County, State and more, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Date and Trustor signature block

    On page 4, enter the day, month and year on the DATED line. Then complete the Trustor, By, Name and Title lines. When a company or trust signs, the By and Title lines show the person acting for it.

    Texas Trust Deed: Day, Month and more, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Acknowledgment: State, County and date

    In the acknowledgment on page 4, enter the state, the county, the date and the name of the person signing. Leave the Notary Public line for the notary.

    Texas Trust Deed: State of, County and more, filled with sample entries
    Step 6: sample entries, not a real document.
  7. My commission expires

    The notary completes the My commission expires line at the bottom of page 4. Leave it blank until then.

    Texas Trust Deed: My commission expires, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Exhibit A: Tax Parcel Number

    On page 5, enter the Tax Parcel Number under Exhibit A of the deed of trust. Use the same number you entered on page 1.

    Texas Trust Deed: Exhibit A, filled with sample entries
    Step 8: sample entries, not a real document.

How to Sign and Use the Texas Trust Deed

Read through the completed form once more and check that every name, address and amount is correct. Then work through the steps below to sign the document, have it notarized and file it. Keep one signed copy for your own records.

  1. Collect the Parties’ Acknowledgment

    Next, all trust covenant parties must enter their legal names and signatures to verify the deed. Should any signatory have a legal representative authorizing the contract on their behalf, the corresponding details must be indicated.

  2. Notarize the Trust Covenant

    Under Texas laws, the trust covenant must be certified by a notary public. Sign the respected instrument in the presence of the notary public and indicate their jurisdiction, name, signature, date, and commission details.

  3. Collect the Papers and Apply for Recording

    Once all documents are ready and authorized, collect and file the set with the Register of Deeds in the County Clerk’s Office where the premises are situated.

  4. Keep a Copy for Your Records

    Make a copy of the finished deed before you hand in the original, and store it with your loan papers.

Frequently Asked Questions

What does the Texas deed of trust template include?

The FormsPal template is a five-page deed of trust. Page 1 has a recording block, the parties, the loan amount and the property. Pages 2 and 3 hold the covenants and agreements of the parties. Page 4 has the signature block and a notary acknowledgment, and page 5 is Exhibit A with the tax parcel number.

Who are the Trustor, Trustee and Beneficiary on the form?

These are the three roles named on the deed. The Trustor is the property owner who gives the deed. The Trustee is the person or company named to hold the property in trust, and the Beneficiary is the lender who extends the loan. Page 1 has a space for the name and address of each one.

How do I fill out a Texas deed of trust online?

Select Create My Document and answer the questions. The builder turns your answers into a completed deed of trust. You can save your progress, finish on any device, then download and print the document. If you prefer the PDF, you can fill it in with the FormsPal PDF editor.

What should I have ready before I start?

Gather these details before you fill in the deed of trust:

  • The names and addresses of the Trustor, the Trustee and the Beneficiary
  • The loan amount
  • The county and street address of the property
  • The tax parcel number

Find a notary in advance, since the notary completes part of page 4. Use made-up names such as Anna Baker at 123 Main Street while you practice.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.