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.The deed should be recorded but recordation of the trust agreement is not required. It remains a private document. There is no requirement that a deed be recorded in the county clerk's real property records in order to be valid. We include recording and filing information with your property deed. A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years. "Declaration" means an instrument filed in the real property records of a county that includes restrictive covenants governing a residential subdivision. In Texas, a deed of trust is an instrument used instead of a mortgage. Unfortunately for Jane, Bob did not know about Jane's purchase and Jane's deed is not in the public record.