Where Do I Record a Deed of Trust in Texas?
A trust offers a legal way to pass along assets -- such as heirloom property and automobiles -- to heirs and beneficiaries. While it is not necessary to record a trust in Texas, doing so could be helpful in a number of situations. Once recorded, a deed of trust is available to the general public, not just the parties involved in the trust.
Other People Are Reading
-
Identification
-
A deed of trust, also known as a trust deed, is a legal instrument used to hold title on property. The document embodies the agreement between a settlor -- a person who sets up a trust; a trustee -- a person who manages a trust after a trust settlor's death; and a trust beneficiary -- a person who benefits from a trust. The trustee holds the deed of trust as security for property owned by the settlor. The trustee distributes the settlor's property to a beneficiary upon the settlor's death.
Public Record
-
A settler can record a deed of trust in the county clerk's or recorder's office. Once recorded, parties involved in the trust as well as local residents may visit the county clerk and request a copy of the deed of trust. Because online records are available in Texas, the public may also obtain a copy of the deed of trust.
-
Considerations
-
To protect sensitive personal and financial information, record only information you want to enter the public record. A full deed of trust may not be needed in every instance. The county clerk can guide you in recording the parts of the deed of trust you want recorded. Changes to a deed of trust must be provided to the county clerk so a new record can be made.
Benefits
-
Recording a deed of trust in Texas provides an uncontestable record of the deed of trust. Having a record comes in handy if the original deed of trust is lost, stolen or damaged. Recording a deed of trust also eliminates questions about the powers given to a trustee later on.
-
