Sec. 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.
Acts 1983, 68th Leg., p. 3492, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Structure Texas Statutes
Chapter 12 - Recording of Instruments
Section 12.001. Instruments Concerning Property
Section 12.0012. Instruments Concerning Real Property Subject to a Foreclosure Sale
Section 12.0013. Recordation of Paper or Tangible Copy of Electronic Record
Section 12.002. Subdivision Plat; Penalty
Section 12.003. Instrument in General Land Office or Archives
Section 12.006. Grant From Government
Section 12.0071. Motion to Expunge Lis Pendens
Section 12.008. Cancellation of Lis Pendens
Section 12.009. Mortgage or Deed of Trust Master Form
Section 12.011. Certificate of Redemption
Section 12.014. Transfer of Judgment or Cause of Action
Section 12.015. Judgment in Justice Court
Section 12.016. Power of Attorney
Section 12.017. Title Insurance Company Affidavit as Release of Lien; Civil Penalty
Section 12.018. Transfer by Receiver or Conservator of Failed Depository Institution