Virtually all mortgages in the US have a "dueonsale" clause to protect the bank from property transfers without their permission. Governmentbacked programs aimed at lowering the barriers to buying homes may present loan modification claims when owners try to sell.A Texas Deed of Trust creates a lien on property to secure a Promissory Note. These are two documents needed for real estate loans and seller financing. Put all the debt in a single deed of trust or mortgage. When cross-collateralizing, consider citing all the debt in a new or deed of trust or mortgage. A Deed of Trust is typically used in combination with a Promissory Note or Mortgage Agreement which sets out the amount and terms of the loan agreement. Most defects in deeds of trust are discovered when a default triggers foreclosure, and the lender hires an attorney to act as Trustee in the foreclosure. Quote: Any junior liens filed on the property prior to the recording of your modified DOT (intervening liens) will be superior to the new money. When filed in the county records, the Affidavit should complete the chain of title to the current owner.