The majority of Texas foreclosures are non-judicial. They require a trustee's deed (alternately called a foreclosure deed or substitute trustee's deed, if applicable) to convey foreclosed property at a trustee's sale.

Trustee's deeds identify three primary parties: the grantor, who is the trustee in the deed of trust; the beneficiary, who is the lender and grantor in the deed of trust; and the buyer, who is the grantee and purchaser of the property at the foreclosure sale.

In a deed of trust, a trustee (the grantee under the original deed of trust instrument), appointed by the lender, holds the deed to the property as collateral for a loan to be repaid by the borrower (the trustor under the deed of trust). If the borrower fails to fulfill the terms of the deed of trust, the lender can direct the trustee to enforce the terms of the deed or begin the foreclosure process. This starts with a notice mailed to the borrower, now debtor, of the intent to accelerate. Notice of sale is also recorded and posted in the county where the subject property is located, as directed by Tex. Prop. Code 51.002 et seq.

A trustee's deed may sometimes be called a substitute trustee's deed, but it is functionally the same thing. The lender may appoint a substitute trustee if the original trustee is unable to administer the sale of property at public auction. A substitute trustee is a person named by the lender under the terms of the security instrument (deed of trust) to exercise the power of sale (Tex. Prop. Code 51.0001(7)). The power to appoint a substitute trustee must be expressly designated by the lender in the deed of trust, otherwise the appointment is invalid. A substitute trustee can be appointed at any time during the foreclosure process, so long as notice of the appointment is recorded. The foreclosing trustee, regardless, is generally an attorney for the lender. The trustee should identify in the deed whether they are serving as a trustee or substitute.

(Texas Trustee Deed Package includes form, guidelines, and completed example)

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 Trustee Deed

Transfer property held in a revocable or irrevocable trust
Convey property from an estate to a buyer
Document the authority of a trustee to act on behalf of a trust
Provide proof of trust existence without disclosing trust terms
Transfer property as part of estate administration
Facilitate the sale of trust-held real estate

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 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 Deed of Trust and Promissory Note 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 trustee deed 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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