Deed of Trust

A deed of trust is the security instrument used instead of a mortgage in Texas and many other states. The borrower conveys the property, in trust, to a trustee as collateral for the loan; if the borrower defaults, the trustee can sell the property at a non-judicial foreclosure — no court case required, which is why Texas foreclosures can move in weeks rather than years. The deed of trust is recorded with the county clerk, creating a public, dated, searchable record of the lien.

For borrowers, the deed of trust is where the loan’s real teeth live: the foreclosure mechanics, due-on-sale and transfer restrictions, insurance and escrow requirements, and what counts as default. It is worth reading as carefully as the note. Practically, its recording is also what makes commercial lending observable — every closed, secured CRE loan leaves one at the courthouse.

County-recorded deeds of trust are a primary source for this site. Our recorded-activity module and the Harris County lender rankings are built by ingesting these instruments, classifying them as commercial, and grouping them by lender — verified documents, not press releases.