Tex. Codes » Property Code · TITLE 5. EXEMPT PROPERTY AND LIENS · SUBTITLE B. LIENS · CHAPTER 51. PROVISIONS GENERALLY APPLICABLE TO LIENS
Texas Codes

Tex. Prop. Code § 51.0074 (2026)

Duties Of Trustee

✓ current as of May 2026
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Sec. 51.0074. DUTIES OF TRUSTEE. (a) One or more persons may be authorized to exercise the power of sale under a security instrument.

(b) A trustee may not be:

(1) assigned a duty under a security instrument other than to exercise the power of sale in accordance with the terms of the security instrument; or

(2) held to the obligations of a fiduciary of the mortgagor or mortgagee.

Added by Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 2738), Sec. 3, eff. June 15, 2007.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2011–2023 · leading case: Richard Nugent & CAO, Inc. v. the Est. of Janie Baker Ellickson, 543 S.W.3d 243 (Tex. App. 2018).
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Richard Nugent & CAO, Inc. v. the Est. of Janie Baker Ellickson, 543 S.W.3d 243 (Tex. App. 2018). · cites it 4× “They assert that Texas Property Code section 51.0074 bars the two remaining fiduciary duty breaches — failures to maintain insurance and to give notice of the foreclosure sale — because this statute forecloses a fiduciary relationship arising between a trustee and a mortgagee…”
Grant Pollet v. Aurora Loan Servs., 455 F. App'x 413 (5th Cir. 2011). “*416 The district court did not abuse its discretion in denying Pollett’s motion for reconsideration pursuant to Rule 59(e) of the Federal Rules of Civil Procedure, 14 wherein he argued that the substitute trustee was prohibited by Texas Property Code § 51.0074(b)(1) from…”
D & R Constructors, Inc., Michael Rushing, Stephanie Rushing, Penn Rushing & Florence Rushing v. Texas Gulf Energy, Inc., CS Bankers V, LLC, Texas Gulf Fabricators, LLC, Timothy Connolly, Brian G. Hendry, & Lester H. Smith (Tex. App. 2016). “See TEX. PROP. CODE ANN. §§ 51.0074(b)(1), 51.”
Veronica Rodriguez & Jeanette Rodriguez v. Jose Juan Reyes & Alma Canales Reyes (Tex. App. 2023). “0074(b) of the Property Code prohibits a trustee or substitute trustee from being assigned any duty under a deed of trust other than to exercise the power of sale in accordance with the terms of the deed of trust.”
Bennie Deweese v. Ocwen Loan Servicing L.L.C. & Mortg. Elec. Reg. Sys., Inc. (MERS) as Nominee for Fed. Home Loan Mortg. (Tex. App. 2014). “1977) (deed trustee may be different person or entity than secured party to whom debt is owed)); see TEX. PROP. CODE ANN. § 51.0074 (West 2014) (deed of trust confers on deed trustee power to sell the property pledged in the deed); Stephens v.”
— Tex. Prop. Code § 51.0074(b) — 1 case
Veronica Rodriguez & Jeanette Rodriguez v. Jose Juan Reyes & Alma Canales Reyes (Tex. App. 2023). “0074(b) of the Property Code prohibits a trustee or substitute trustee from being assigned any duty under a deed of trust other than to exercise the power of sale in accordance with the terms of the deed of trust.”
— Tex. Prop. Code § 51.0074(b)(1) — 2 cases
Grant Pollet v. Aurora Loan Servs., 455 F. App'x 413 (5th Cir. 2011). “*416 The district court did not abuse its discretion in denying Pollett’s motion for reconsideration pursuant to Rule 59(e) of the Federal Rules of Civil Procedure, 14 wherein he argued that the substitute trustee was prohibited by Texas Property Code § 51.0074(b)(1) from…”
D & R Constructors, Inc., Michael Rushing, Stephanie Rushing, Penn Rushing & Florence Rushing v. Texas Gulf Energy, Inc., CS Bankers V, LLC, Texas Gulf Fabricators, LLC, Timothy Connolly, Brian G. Hendry, & Lester H. Smith (Tex. App. 2016). “See TEX. PROP. CODE ANN. §§ 51.0074(b)(1), 51.”
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