Sec. 51.0001. DEFINITIONS. 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.
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.
Notes of Decisions
Reinagel v. Deutsche Bank Nat'l Trust Co., 735 F.3d 220 (5th Cir. 2013).
· cites it 6× “Deutsche Bank asserted that it was a “mortgagee” under Texas Property Code § 51.0001(4) and therefore had the right to foreclose on the Reinagel’s property.”
Reinagel v. Deutsche Bank Nat'l Trust Co., 722 F.3d 700 (5th Cir. 2013).
· cites it 6× “Deutsche Bank asserted that it was a “mortgagee” under Texas Property Code § 51.0001(4) and therefore had the right to foreclose on the Reinagel’s property.”
Janos Farkas v. GMAC Mortg., L.L.C., 737 F.3d 338 (5th Cir. 2013).
· cites it 3× “See Tex. PROp.Code § 51.0001(3). Farkas con *343 tends that GMAC was not the mortgage servicer and was therefore incapable of initiating a foreclosure proceeding under Section 51.”
Calderon v. Bank of Am. N.A., 941 F. Supp. 2d 753 (W.D. Tex. 2013).
· cites it 4× “” Tex. Prop. Code § 51.0001(1). . Bank of America also submitted a copy of the Note as Exhibit A to Alethea Espino's Declaration.”
Dutcher v. Matheson, 840 F.3d 1183 (10th Cir. 2016).
“001 (permitting the organization of a state trust company in Texas and permitting such companies to exercise the power of a trustee); see also Tex. Prop. Code Ann. § 51.0001 (defining a “Trustee” as the person authorized to exercise the power of sale); id.”
Lozano v. Ocwen Fed. Bank, FSB, 489 F.3d 636 (5th Cir. 2007).
“” Tex. Prop.Code § 51.0001(3). To the extent the Lozanos argue that Ocwen lacked the power to foreclose because it was only the servicer, and not the owner of the note, we find that argument unpersuasive.”
Dallas Cnty., Texas v. MERSCORP, Incorpora, 791 F.3d 545 (5th Cir. 2015).
“” Apart from the language in the deeds of trust themselves, the Texas Legislature has also granted MERS authority to serve as beneficiaries in deeds of trust.”
Roger Singha v. BAC Home Loans Servicing, L, 564 F. App'x 65 (5th Cir. 2014).
· cites it 2× “at 255 (citing Tex. Prop.Code § 51.0001(4)). MERS is a “book entry system” as defined in the Texas Property Code; consequently it may assign a deed of trust just as any other holder or beneficiary.”
— Tex. Prop. Code § 51.0001(1) — 10 cases
Dallas Cnty., Texas v. MERSCORP, Incorpora, 791 F.3d 545 (5th Cir. 2015).
“” Apart from the language in the deeds of trust themselves, the Texas Legislature has also granted MERS authority to serve as beneficiaries in deeds of trust.”
Calderon v. Bank of Am. N.A., 941 F. Supp. 2d 753 (W.D. Tex. 2013).
“” Tex. Prop. Code § 51.0001(1). . Bank of America also submitted a copy of the Note as Exhibit A to Alethea Espino's Declaration.”
— Tex. Prop. Code § 51.0001(2)(A) — 4 cases
— Tex. Prop. Code § 51.0001(3) — 24 cases
Janos Farkas v. GMAC Mortg., L.L.C., 737 F.3d 338 (5th Cir. 2013).
“See Tex. PROp.Code § 51.0001(3). Farkas con *343 tends that GMAC was not the mortgage servicer and was therefore incapable of initiating a foreclosure proceeding under Section 51.”
Lozano v. Ocwen Fed. Bank, FSB, 489 F.3d 636 (5th Cir. 2007).
“” Tex. Prop.Code § 51.0001(3). To the extent the Lozanos argue that Ocwen lacked the power to foreclose because it was only the servicer, and not the owner of the note, we find that argument unpersuasive.”
— Tex. Prop. Code § 51.0001(4) — 45 cases
Reinagel v. Deutsche Bank Nat'l Trust Co., 735 F.3d 220 (5th Cir. 2013).
“Deutsche Bank asserted that it was a “mortgagee” under Texas Property Code § 51.0001(4) and therefore had the right to foreclose on the Reinagel’s property.”
Reinagel v. Deutsche Bank Nat'l Trust Co., 722 F.3d 700 (5th Cir. 2013).
“Deutsche Bank asserted that it was a “mortgagee” under Texas Property Code § 51.0001(4) and therefore had the right to foreclose on the Reinagel’s property.”
Janos Farkas v. GMAC Mortg., L.L.C., 737 F.3d 338 (5th Cir. 2013).
“See Tex. PROp.Code § 51.0001(3). Farkas con *343 tends that GMAC was not the mortgage servicer and was therefore incapable of initiating a foreclosure proceeding under Section 51.”
Roger Singha v. BAC Home Loans Servicing, L, 564 F. App'x 65 (5th Cir. 2014).
“at 255 (citing Tex. Prop.Code § 51.0001(4)). MERS is a “book entry system” as defined in the Texas Property Code; consequently it may assign a deed of trust just as any other holder or beneficiary.”
— Tex. Prop. Code § 51.0001(4)(A) — 5 cases
Calderon v. Bank of Am. N.A., 941 F. Supp. 2d 753 (W.D. Tex. 2013).
“” Tex. Prop. Code § 51.0001(1). . Bank of America also submitted a copy of the Note as Exhibit A to Alethea Espino's Declaration.”
— Tex. Prop. Code § 51.0001(4)(A)(C) — 1 case
— Tex. Prop. Code § 51.0001(4)(C) — 5 cases
— Tex. Prop. Code § 51.0001(4)(a) — 1 case
— Tex. Prop. Code § 51.0001(6) — 8 cases
— Tex. Prop. Code § 51.0001(7) — 2 cases
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