Franklin County Real Estate Lien Note (Owelty of Partition) Form

Last validated August 18, 2026 by our Forms Development Team

Franklin County Real Estate Lien Note (Owelty of Partition) Form

Franklin County Real Estate Lien Note (Owelty of Partition) Form

Fill in the blank Real Estate Lien Note (Owelty of Partition) form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/18/2026
Franklin County Real Estate Lien Note (Owelty of Partition) Guide

Franklin County Real Estate Lien Note (Owelty of Partition) Guide

Line by line guide explaining every blank on the Real Estate Lien Note (Owelty of Partition) form.

Document Last Validated 7/18/2026
Franklin County Completed Example of the Real Estate Lien Note (Owelty of Partition) Document

Franklin County Completed Example of the Real Estate Lien Note (Owelty of Partition) Document

Example of a properly completed Texas Real Estate Lien Note (Owelty of Partition) document for reference.

Document Last Validated 8/18/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Franklin County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Franklin County Clerk's Office

Address:
200 N Kaufman St / PO Box 1047
Mt Vernon, Texas 75457

Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00pm / Recording until 4:00pm

Phone: (903) 537-2342 Ext 2

Recording Tips for Franklin County:
  • White-out or correction fluid may cause rejection
  • Check that your notary's commission hasn't expired
  • Check margin requirements - usually 1-2 inches at top
  • Ask about their eRecording option for future transactions
  • Avoid the last business day of the month when possible

Cities and Jurisdictions in Franklin County

Properties in any of these areas use Franklin County forms:

  • Mount Vernon
  • Scroggins
  • Talco

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Franklin County

How do I get my forms?

Forms are available for immediate download after payment. The Franklin County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Franklin County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Franklin County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Franklin County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Franklin County?

Recording fees in Franklin County vary. Contact the recorder's office at (903) 537-2342 Ext 2 for current fees.

Questions answered? Let's get started!

Texas homestead law turns away almost every lien, but owelty of partition stands on the short constitutional list of debts a homestead can secure. When co-owned property passes to one owner, whether a divorce court awards the family home to one spouse or heirs agree that one of them keeps an inherited house, the equalizing debt owed to the departing owner can be secured against the entire property under Article XVI, Section 50(a)(3) of the Texas Constitution. The real estate lien note is the instrument that puts that debt on paper: the written promise to pay that the owelty lien secures.

A Debt the Homestead Can Secure

The constitutional text is specific. The owelty must be imposed against the entirety of the property, not just a fractional share, and it must come from a court order or a written agreement of the parties to the partition; the provision expressly includes a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding. Property Code Section 41.001(b)(4) carries the same rule in the statutes. Because owelty is its own constitutional category, a buyout documented this way travels a different path from a home equity loan under Section 50(a)(6), and refinance lenders routinely treat a recorded owelty lien as a debt eligible for rate-and-term refinancing.

One Buyout, Three Instruments

Texas owelty practice divides the work among three documents. A deed conveys the departing owner's interest and carries the owelty lien. A deed of trust secures repayment against the property with a power of sale. And this note states the money terms: the principal amount fixed by the decree or partition agreement, the interest rate, the rate on matured unpaid amounts, and the terms of payment, with recitals tying the debt to the decree or agreement and to the deed of trust. The note is signed by the maker alone, without a notary, and it is never recorded; the deed and deed of trust go to the county clerk, while the original note is delivered to the payee, who holds it until the debt is paid and then signs a recordable release of lien.

The Money Terms

The Finance Code frames the interest entries. An agreed rate operates under Chapter 302 and the optional ceilings of Chapter 303; where no interest is agreed, Section 302.002 supplies legal interest of 6 percent beginning on the 30th day after an amount is due. The note's printed terms include a usury savings clause that caps every rate at the lawful maximum, prepayment in whole or in part at any time without penalty, acceleration on an uncured default, and a collection-costs provision alongside the attorney's fees recovery that Civil Practice and Remedies Code Section 38.001 extends to written contracts. The terms of payment stay in the parties' hands: a single maturity date, monthly installments, or payment due on sale or refinance of the property all appear in owelty practice.

The package includes the note as a fillable PDF, a completed example documenting a realistic Travis County divorce buyout from decree to signature, and a plain language guide that walks through every numbered section, the constitutional framework, and the recorded companion instruments. The materials are informational and are not legal advice.

Important: Your property must be located in Franklin County to use these forms. Documents should be recorded at the office below.

This Real Estate Lien Note (Owelty of Partition) meets all recording requirements specific to Franklin County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Franklin County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Franklin County Real Estate Lien Note (Owelty of Partition) form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4772 Reviews )

Bethany F.

April 6th, 2022

quick and easy to use

Reply from Staff

Thank you!

Shawn S.

February 18th, 2021

Listen, I love your services. It's been such a convenience utilizing it.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Karen G.

January 22nd, 2021

Not difficult at all! Which is great for me...

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

dean s.

July 23rd, 2019

Excellent work. Berry happy!

Reply from Staff

Thank you!

Dan V.

December 24th, 2021

Very happy, thanks.

Reply from Staff

Thank you!

Clay H.

July 11th, 2022

The provided docs and guide were very helpful. Well worth the price in my opinion.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Margaret L.

June 15th, 2026

I was not able to use the form after paying for it. The words in red would not let me type over them and I could not get a blank document. Useless.

Reply from Staff

Each forms package includes a blank form, a guide, and a completed example. The red text appears in the completed example to show how a finished document may look; the blank form is the editable document intended for customer use. Because our products are do-it-yourself legal forms, we canceled the order and payment when it was clear the customer was not able to identify and use the blank form included in the package.

Bernardo M.

March 11th, 2022

You think you're purchasing 1 form for $25 but you are getting several which explains the $25. My printer ran out of black ink and I couldn't change the color of the text so that it would print. I couldn't copy and paste it to Word and work on it there. I'm going to purchase ink today so that it will at least print right. I will have to retype the text in Word; not good.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Willard V.

May 11th, 2025

While it's nice to get all the forms and info in one package for a reasonable cost, the fixed format of the form does not allow for a lengthy meet and bounds property description for real property. Also, the Cover Sheet has big fillable sections with no instructions about what's supposed to go there. I tried the "Contact Us" link, but all it does is spin saying it's trying verify the security of my connection. Looks like I;m going to have to create my own deed in MS Word instead of just filling in the blacks of the PDF file that I downloaded. Bummer!

Reply from Staff

Your feedback is a crucial part of our dedication to ongoing improvement. Thank you for your insightful comments.

Wilian B.

July 22nd, 2026

Top 10 experience, Easy-Fast-Affordable

Reply from Staff

Happy we could assist. Thank you for sharing your experience.

Steven b.

November 21st, 2021

We used this document in 2018 and it was acceptable to Jackson County Missouri. It worked and is valid. Very happy with the product.

Reply from Staff

Thanks for the kind words, glad to see you back again. Have a great day!

Ken W.

February 3rd, 2019

Everything perfect, good price. Completely satisfied

Reply from Staff

Thank you!

Darrell S.

April 12th, 2020

Easy to follow forms, and the attached go-by and instructions made it easy to complete.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Monica D. N.

April 8th, 2019

The Web site is very intuitive, organized well and forms are easily found. The instructions provided are very helpful. Value in terms of price is very good.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Ronald C.

January 31st, 2019

My goal was to find the Covenant, Conditions, and Restrictions for my HOA. From what I can read, these documents should be attached to our Deed (single family, patio home in New Hanover County). I am not sure if I have a copy of my Deed. I would need to check my Safe Deposit Box. Unfortunately, I was not successful at finding these documents from your Website. If you can help me find them, I would appreciate that.

Reply from Staff

It is most common to obtain a copy of CC&Rs directly from the HOA. Alternatively, they are also usually a matter of public record recorded with the local recorder and you can obtain a copy there.