Sample Letter for Cancellation of Subject Deed of Trust in Texas [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Name of Recipient] [Recipient's Address] [City, State, ZIP] Subject: Cancellation of Deed of Trust — [Property Address] Dear [Name of Recipient], I am writing to formally request the cancellation of the subject Deed of Trust on the property located at [Property Address], which was recorded in [County Name], Texas, on [Date of Recording], under Instrument Number [Instrument Number]. I trust that you have all the necessary information regarding the property and the Deed of Trust, but for your reference, I have included the key details below: — Property Address: [Property Address— - Borrower's Name: [Borrower's Name] — Lender's Name: [Lender's Name— - Loan Amount: [Loan Amount] — Escrow Account Number (if applicable): [Escrow Account Number] As per the terms of the original Deed of Trust, the loan secured by the Deed of Trust has been paid in full. The borrower, [Borrower's Name], has fulfilled all obligations and the outstanding balance has been cleared. Therefore, I kindly request the cancellation of the Deed of Trust and the release of any lien or encumbrance associated with it. Enclosed with this letter are copies of the following documents, which should assist you in processing the cancellation: 1. Copy of the fully executed Promissory Note reflecting satisfaction of the loan. 2. Copy of the recorded Deed of Trust, clearly indicating the Instrument Number and recording details. 3. Copy of the Certificate of Satisfaction, issued by the lender, stating that the loan has been fully paid. Please review these documents thoroughly and provide me with a written notification of the cancellation of the Deed of Trust within [number of days specified by your state's laws]. Upon receipt of the cancellation documents, I kindly request that you forward them to the county recorder's office for the necessary updates of public records. Should you require any additional information or documentation, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. I appreciate your prompt attention to this matter and look forward to receiving confirmation of the cancellation. Thank you for your cooperation. Sincerely, [Your Name]
Texas Sample Letter for Cancellation of Subject Deed of Trust
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Capp (1893) 99 Cal. 153, 157.) Next, the Statute of Frauds requires that the document be signed by the party whom the document is being enforced against. Therefore, a deed of trust needs to be signed by the trustor.
Deed of Trust The trustee (someone other than the buyer and the lender) gets the deed and technically owns the property while the loan exists. The trustee cannot sell the property unless the borrower defaults on the loan. The trustee transfers the property to the buyer when the borrower repays the loan.
A valid deed in Texas must name the parties involved (grantor and grantee), their intent to convey property, sufficiently describe the property to be conveyed, and the deed must be signed and delivered by the grantor.
Texas Deed Of Trust Requirements A deed of trust has a power sale clause that allows the trustee to sell the property if the buyer or borrower defaults. This means there is no need for filing a lawsuit or going through normal procedures involved when a person with mortgage defaults on their loan.
The Deed of Trust must be in writing, signed by the property owner, and filed in the County Clerk property records. The Deed of Trust should describe the loan amount, name a Trustee, and describe the collateral securing the loan. A correct legal description of the property is essential for a valid Deed of Trust.
