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Texas Deed of Trust and Trustee

In the state of Texas who is designated as the trustee of the deed of trust?

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi violetsrbluexo,

Welcome to this forum.

Trustee is a legal term. The deed of trust authorizes a person designated as the trustee. The Trustee has the authority to even sell the property if a default takes place.

Thanks,
Larry

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Violet,

In Texas, the deed of trust is also equivalent to the mortgage. In such cases, the trustee could be a the title company which gets the title of the property from the seller, or a neutral third party, or the lender himself.

If there's a mortgage default by the borrower, the trustee is authorized to sell off the property and pay the lender and this does not involve the court for the formal procedures of a foreclosure.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The state does not designate a Trustee on a Deed of Trust. The trustee is decided by the parties. It can be any competent person. As stated above, it is usually the title company.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

A friend is in a situation where his wife got a house in her name and used his credit to do it he never signed anything yet his name is on the deed of trust...they r divorcing and he wants to know how this will effect him if she defaults?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Brenda,

If your friend's name is on the mortgage doc, then his credit will be affected if his wife defaults the loan. Moreover, the lender will come after him in order to recover the debts.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If both our names, "Bill J. Williams, May A. Williams, his wife" is on the Deed of Trust. What does this mean? Community property or JTWROS in Texas?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As both of you have your names on the deed of trust, it means that both of you are the joint borrowers of the mortgage.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can the trustee be someone other than a title company

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

whom else can be the trustee...besides the title company

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

an attorney

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

whose side is the deed of tyrust on? the bank or the home owners?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can you point to Texas Code where it states that the trustee must be a neutral, third party?

I ask because my friend is about to be foreclosed on pursuant to Texas Property Code 51.002... upon closer inspection of the Security Instrument (Deed of Trust) we found that Ameriquest named itself as Lender AND Truestee.

We believe this is a conflict of interest and would like to find some citation in Texas Law proving that the Lender cannot also be the Trustee.

Thanks.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi RedBeard,

As far as I know, a lender can also be a trustee. The lender is also given the rights to replace the trustee on the deed of trust with a substitute trustee. However, if you have any doubts regarding the validity of the foreclosure you should consult a foreclosure attorney.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If your ex-husband buys a home and uses your pay stubs and employment to help him get the loan and you are the Deed of Trustee what does that mean, will it be on my credit report that I the ex-wife own the home as well. We are still living together. Please Help answer this?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If your ex-husband buys a home and uses your pay stubs and employment to help him get the loan and you are the Deed of Trustee what does that mean, will it be on my credit report that I the ex-wife own the home as well. We are still living together. Please Help answer this?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If my soon to be wife is on the deed of trust but not on the mortage then is she entitled to any part of the house if we seperate?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

we have had our loan pass thur many companies and could not retrive any info on our loan. we heard that the deed of trust has to be orginal, is this true

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Timothy,

If your wife’s name is on the deed of trust, she is not entitled to any ownership rights to the property. A deed of trust refers to the mortgage and it is different from a property deed. However, you should keep in mind that Texas is a community property state. Thus, your wife does have certain rights to the house. When you separate, the property will be divided as per community property laws.

Hi fish,

You can visit your local land records office. If the deed of trust was recorded at the time it was executed, it should show on the public record. I believe you can get information about your loan from there. You have said the loan has passed through many companies. Do you know which company holds the mortgage at present? If you do, you can contact them directly regarding the deed of trust.

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