A deed of trust (DOT) is a document that conveys title to real property to a trustee as security for a loan until the grantor (borrower) repays the lender according to terms defined in a promissory note. It's similar to a mortgage but differs - mortgages only include two parties (borrower and lender). In Texas a Deed of Trust is the preferred lending instrument.

There are three parties to a deed of trust: the borrower (grantor), the lender (beneficiary), and the trustee. The trustee, typically a title agency or other disinterested party, serves two purposes: to initiate the foreclosure process for the lender if the borrower defaults on the loan, and to transfer (reconvey) the property back to the borrower after the debt is paid in full.

This DOT includes a power of sale clause, this can be beneficial to the lender, saving time and expense in the case of a foreclosure. Sec.51.0074. DUTIES OF TRUSTEE.
(a) One or more persons may be authorized to exercise the power of sale under a security instrument.
(b) A trustee may not be:
(1) assigned a duty under a security instrument other than to exercise the power of sale in accordance with the terms of the security instrument; or
(2) held to the obligations of a fiduciary of the mortgagor or mortgagee.

Use these forms to finance real property; residential, rental, condominiums, vacant land, and planned unit developments. A promissory note secured by a deed of trust, that include stringent default terms can be beneficial to the lender, typical of owner financing, investor financing, etc.

(Texas Deed of Trust Package includes forms, guidelines, and completed example)

For use in Texas only.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Deed of Trust and Promissory Note

Subordinate a second mortgage to allow refinancing
Subordinate an existing mortgage to a new loan
Record a partial release of a mortgage or deed of trust
Document the full payoff of a home loan for public record

Compare other Texas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Transfer on Death Deed Transfer on Death Revocation Enhanced Life Estate Deed Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our deed of trust and promissory note forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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