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Texas Trustee Deed

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 Forms Have Been Updated as Recently as Tuesday March 23, 2021

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Texas Trustee Deed Form