Texas Deed of Trust Template
Secure a private or seller-financed loan with real estate — a recordable Texas deed of trust with the power-of-sale structure, recording, and homestead requirements built in. Editable Word + PDF, instant download.
A Recordable Texas Lien, Done Right
Back a loan with real estate — with the Texas power-of-sale, recording, and homestead details a generic free form leaves out.
Three-Party Structure
Grantor (borrower), Trustee, and Beneficiary (lender) — set up correctly for Texas.
Power of Sale
Conveyance-in-trust with the trustee’s power of sale for non-judicial foreclosure.
Recording Block Built In
The “Prepared by / Return to” block and property-ID fields for county recording.
Homestead & Spousal Joinder
A homestead check-box and spouse signature line — the Texas step that voids many DIY liens.
Foreclosure Under § 51.002
Non-judicial foreclosure terms: cure period, notice, and first-Tuesday sale.
Notary Acknowledgment
The Texas notary acknowledgment required to record the deed of trust.
Texas Deed of Trust
- Editable Word (.docx) deed of trust + print-ready PDF
- Three-party structure with conveyance in trust
- Power of sale for non-judicial foreclosure (§ 51.002)
- Texas recording block (prepared by / return to)
- Homestead check-box + spousal-joinder line
- Covenants, due-on-sale option, release on payoff
- Texas notary acknowledgment + legal & recording notes
About This Texas Deed of Trust
A deed of trust is the security instrument Texas uses to back a loan with real estate. The promissory note is the debt; the deed of trust is the lien — with a trustee who holds a power of sale to foreclose if the borrower defaults. It’s the right tool for owner financing, seller financing, or any private loan secured by Texas real estate, and pairs with a Texas promissory note (and, in a sale, a warranty deed).
Texas Recording, Foreclosure & Homestead (Why State-Specific Matters)
Texas uses a deed of trust (not a mortgage), with a trustee who holds a power of sale — so most foreclosures are non-judicial under Texas Property Code Sec. 51.002 (at least 20 days to cure, 21 days’ notice of sale, and a sale on the first Tuesday of the month). Texas charges no mortgage or documentary stamp tax — only nominal recording fees. But Texas fiercely protects homesteads: a purchase-money or seller-financed lien is valid on a homestead, while a general voluntary lien usually is not, and if the owner is married, both spouses must sign. This template is built for all of it and must be notarized and recorded with the county clerk.
📝 What you can edit
Replace every [bracketed] field — including the complete legal description, parcel ID, and the trustee’s name — and complete the homestead check-box, adding the spouse’s signature if the property is homestead. Everything is editable in Word.
Who it's for
Texas property owners and private lenders doing owner financing or seller financing, or anyone securing a private loan with Texas real estate.
How to use it
Open the editable Word file, replace every [bracketed] field including the legal description and the trustee’s name, complete the homestead check-box (and spouse joinder if homestead), then sign before a notary and record the deed of trust with the county clerk. Use it together with a Texas promissory note (and, in a seller-financed sale, a warranty deed).
Frequently Asked Questions
What buyers ask before downloading.
What's included?
An editable Word (.docx) deed of trust plus a print-ready PDF, with the three-party structure, conveyance-in-trust with power of sale, recording block, homestead and spousal-joinder language, a non-judicial foreclosure section, a Texas notary acknowledgment, and instructions with Texas legal and recording notes.
How is a deed of trust different from a mortgage?
Texas uses a deed of trust, not a mortgage. It adds a third party — a trustee — who holds a power of sale, which lets the lender foreclose non-judicially (without a court) under Property Code Section 51.002.
Do I have to record it, and what does it cost?
To create a lien good against third parties, record the deed of trust with the county clerk. Texas charges no mortgage or documentary stamp tax — only nominal recording fees — but it must be notarized to record.
What about homestead property and a spouse?
Texas sharply limits liens on a homestead. A purchase-money or seller-financed lien is valid; a general voluntary lien usually is not, and if the owner is married, both spouses must sign. The template includes a homestead check-box and a spouse signature line.
Does it work with my promissory note?
Yes. It is designed to secure a Texas promissory note. Pair it with our Texas Secured Promissory Note for the full owner-financing setup.
Is this legal advice?
No. This is a fill-in template from a nonlawyer document service, not legal advice. Texas real estate carries real risk — for homestead, home-equity (Section 50(a)(6)) loans, title questions, or complex deals, consult a licensed Texas attorney or title company.
Legal Disclaimer: Noble Notary & Legal Document Preparers is a nonlawyer document preparation service, not a law firm. This is a fill-in legal document template for your own use, not legal advice, and we cannot represent you. Replace all bracketed fields (including the legal description and trustee), have the deed of trust notarized, and record it with the county clerk. Real estate carries significant risk — for homestead property, home-equity (Section 50(a)(6)) loans, title questions, or complex deals, consult a licensed Texas attorney or title company.
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