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

Last validated November 5, 2026 by our Forms Development Team

Formatted for recording in Franklin County, for property anywhere in the county: rural and unincorporated areas as well as Mount Vernon, Scroggins, Talco.

$3997
One-time purchase. No subscription.
  • 3 documents included
  • Immediate PDF download
  • Formatting guarantee

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 10/7/2026
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 8/28/2026
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 11/5/2026

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:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Ask for certified copies if you need them for other transactions
  • Ask if they accept credit cards - many offices are cash/check only
  • Check that your notary's commission hasn't expired

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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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 county recording office listed above.

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 - ( 4,848 Reviews )

Heather F. 5 out of 5 stars

Quality forms and information. Everything went smoothly.

Reply from Staff

Great to hear Heather. Have a fantastic day!

VALETA J. 5 out of 5 stars

Easy to navigate

Reply from Staff

Thank you!

Cynthia D. 5 out of 5 stars

It turned out I didn't need the information was taken care of by my husband. Thank you.

Reply from Staff

Thank you!

Jay W. 5 out of 5 stars

your service is more than I expected easy to navigate, great info, easy to understand. other other sites every time you go to next page there is something to buy to get the info you want. Jay

Reply from Staff

Thank you!

Sandra T T. 5 out of 5 stars

Great website to find state documents. I do like the one-time charge also vs a recurring charge. Thank you!

Reply from Staff

Thank you, Sandra! We’re glad you found the state documents you needed and appreciate you mentioning the one-time charge option. We believe in keeping things straightforward and transparent. Thanks again for your kind words and for choosing Deeds.com!

Lenore H. 5 out of 5 stars

I was very pleased with the service I received yesterday at the recorders office. no complaints at all. Served promptly and efficiently.

Reply from Staff

Thank you!

Billie M. 4 out of 5 stars

My overall experience was positive. Little trouble uploading documents but resolved. I had two mineral deeds to file in Arkansas, two different counties, exactly the same form, only difference being property description; one was completed, one was canceled. I emailed to inquire why and the reply was in an automatic email indicating that email address was not monitored and if further action would be taken on Deeds.com part, I would be notified. Other than that, I would recommend their services to avoid using snail mail.

Reply from Staff

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

Peter & Bonnie Higgins H. 5 out of 5 stars

We were very pleased with the advice and forms provided. We were able to complete our special project. Just what we were looking for. I give you 41/2 stars

Reply from Staff

Thank you!

Joseph B. 5 out of 5 stars

All very good

Reply from Staff

Thank you!

Ryan B. 5 out of 5 stars

This was a very quick and convenient way to complete one of the tasks for my divorce that I imagined would be extremely difficult. Thank you deeds.com for making a difficult situation bearable.

Reply from Staff

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

A R M. 5 out of 5 stars

Great so far. Just downloaded all the documents, and they seem to be easy to save and are fillable. A R M

Reply from Staff

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

Susan C. 5 out of 5 stars

easy to use to get copy of documents. given your website by recorder in the country offices.

Reply from Staff

Thank you Susan, we appreciate your feedback.

Rebecca C. 5 out of 5 stars

Was sort of complicated for this phone illiterate 70 year old 😂. Asked my daughter for help. She breezed right through it with no problem whatsoever!! Thank you!!

Reply from Staff

Thank you, Rebecca! Glad your daughter could lend a hand. We appreciate the review.

David D. 5 out of 5 stars

Quick, easy, thorough, reasonable price. Much better than trying to contact a paralegal (who do not usually respond quickly, it seems)

Reply from Staff

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

Suzette D. 5 out of 5 stars

easy to use and gave examples!

Reply from Staff

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