Release of Lien
(Deed of Trust) (TX)

This release of lien template may be used by the holder of a debt secured by a deed of trust on commercial or residential real property in Texas to release the lien on the property after the borrower has repaid the debt in full. This template contains practical guidance and drafting notes. A deed of trust is the most widely used real property security device in Texas. Under a deed of trust, the borrower conveys title to real property to a trustee as security for the debt owed to the lender. When the underlying debt is paid, the lienholder has a duty to issue a written release as evidence of the discharge of the lien. See FNFS, Ltd. v. Harwood (In re Harwood), 404 B.R. 366, 401 (Bankr. E.D. Tex. 2009). To give notice to third parties dealing with the property, the release should be recorded in the county in which the deed of trust was recorded. See Tex. Prop. Code §§ 13.002, 11.001. For more on real estate financing in Texas, see Commercial Real Estate Financing Transactions (TX) and Commercial Real Estate Financing (TX). For a deed of trust template, see Deed of Trust (TX). For related templates, see Promissory Note (Secured Loan) (TX) and Allonge to Negotiable Promissory Note (Residential/Commercial) (TX). For recording procedures, see Recording Procedures (TX).