Tex. Prop. Code § 51.0001 · Chapter 51. PROVISIONS GENERALLY APPLICABLE TO LIENS
DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In this chapter:
(1) "Book entry system" means a national book entry system for registering a beneficial interest in a security instrument that acts as a nominee for the grantee, beneficiary, owner, or holder of the security instrument and its successors and assigns.
(2) "Debtor's last known address" means:
(A) for a debt secured by the debtor's residence, the debtor's residence address unless the debtor provided the mortgage servicer a written change of address before the date the mortgage servicer mailed a notice required by Section 51.002; or
(B) for a debt other than a debt described by Paragraph (A), the debtor's last known address as shown by the records of the mortgage servicer of the security instrument unless the debtor provided the current mortgage servicer a written change of address before the date the mortgage servicer mailed a notice required by Section 51.002.
(3) "Mortgage servicer" means the last person to whom a mortgagor has been instructed by the current mortgagee to send payments for the debt secured by a security instrument. A mortgagee may be the mortgage servicer.
(4) "Mortgagee" means:
(A) the grantee, beneficiary, owner, or holder of a security instrument;
(B) a book entry system; or
(C) if the security interest has been assigned of record, the last person to whom the security interest has been assigned of record.
(5) "Mortgagor" means the grantor of a security instrument.
(6) "Security instrument" means a deed of trust, mortgage, or other contract lien on an interest in real property.
(7) "Substitute trustee" means an individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or other legal entity appointed by the current mortgagee or mortgage servicer under the terms of the security instrument to exercise the power of sale.
(8) "Trustee" means an individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or other legal entity authorized to exercise the power of sale under the terms of a security instrument in accordance with Section 51.0074.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 2738), Sec. 1, eff. June 15, 2007.
Acts 2025, 89th Leg., R.S., Ch. 38 (S.B. 372), Sec. 1, eff. May 19, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.51.htm
- Text hash
- sha256 2e44a6077107da92ef433f42ac4219781ed7198e1f03c1b5c089d012b3460078
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 9 provisions
Provisions in this library whose text cites Tex. Prop. Code § 51.0001. Each shows the citation as that text prints it.
Business & Commerce Code
Finance Code
- Tex. Fin. Code § 343.103DISCLOSURE OF MORTGAGE INFORMATION TO SURVIVING SPOUSE.Printed as Section 51.0001, Property Code
- Tex. Fin. Code § 343.106PAYOFF STATEMENTS.Printed as Section 51.0001, Property Code
- Tex. Fin. Code § 343.108RELEASE OF LIEN AFTER PAYOFF BY MORTGAGOR.Printed as Section 51.0001, Property Code
Property Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.