The attorney should request a copy of all documents in the chain of title of the secured property for examination instead of relying on an abstractor’s statement.
Note: When preparing this form, the attorney should carefully review Tex. Prop. Code §§ 51.0001, 51.0025, and 51.0075 and Tex. Bus. & Com. Code §§ 3.203 and 3.301 to ensure any reference to a person accurately describes the role the person holds or performs in the context of a foreclosure proceeding, e.g., references to “noteholder,” “beneficiary,” “owner,” “lender,” “obligor of the debt,” “mortgagor,” “mortgagee,” or “mortgage servicer” as appropriate.
Letter to Title Company Requesting Title Search
[Date]
[Name and address of title company]
Re: G.F. no. [policy number]
[Salutation]
Enclosed is a photocopy of the Mortgagee Policy of Title Insurance, G.F. number [number], issued in the name of [name of insured], insuring the first-lien status of the loans secured by the deed of trust dated [date], recorded in [recording data] of the real property records of [county] County, Texas. This policy was issued in connection with the loan in the original principal amount of $[amount], executed by [name], and secured by the above- mentioned deed of trust, executed by [name]. I have been requested to post this property for foreclosure sale. The sale is to be held on [date].
Please have your company issue an abstractor’s certificate or an endorsement reflecting the current status of the title so that I may process this file. The certificate should describe all instruments pertaining to the property pledged under the deed of trust that were filed during the period from the filing of the deed of trust to the present. Please send me a statement of your charges for this service. I will need this information as soon as practicable.
Thank you for your company’s assistance.
Sincerely yours,
[Name of attorney]
Attorney for [name of noteholder]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Enc.
|
Include attachments. |