Tex.
Prop. Code Section 12.009
Mortgage or Deed of Trust Master Form
(a)
A master form of a mortgage or deed of trust may be recorded in any county without acknowledgement or proof. The master form must contain on its face the designation: "Master form recorded by (name of person causing the recording)."(b)
The county clerk shall index a master form under the name of the person causing the recording and indicate in the index and records that the document is a master mortgage.(c)
The parties to an instrument may incorporate by reference a provision of a recorded master form with the same effect as if the provision were set out in full in the instrument. The reference must state:(1)
that the master form is recorded in the county in which the instrument is offered for record;(2)
the numbers of the book or volume and first page of the records in which the master form is recorded; and(3)
a definite identification of each provision being incorporated.(d)
If a mortgage or deed of trust incorporates by reference a provision of a master form, the mortgagee shall give the mortgagor a copy of the master form at the time the instrument is executed. A statement in the mortgage or deed of trust or in a separate instrument signed by the mortgagor that the mortgagor received a copy of the master form is conclusive evidence of its receipt. On written request the mortgagee shall give a copy of the master form without charge to the mortgagor, the mortgagor’s successors in interest, or the mortgagor’s or a successor’s agent.(e)
The provisions of the Uniform Commercial Code prevail over this section.
Source:
Section 12.009 — Mortgage or Deed of Trust Master Form, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.12.htm#12.009 (accessed Apr. 20, 2024).
