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In Texas, the most common security instrument for real estate loans is:

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Question & Answer

Review the question and all answer choices

A

A mortgage

A mortgage is incorrect because while it's the standard security instrument in most states, Texas specifically uses deeds of trust instead. Mortgages involve only two parties (borrower and lender) and require judicial foreclosure in Texas.

B

A deed of trust

Correct Answer
C

A land contract

A land contract is incorrect because it's a different financing arrangement where the seller retains legal title until the buyer pays in full, not a security instrument for traditional loans.

D

A promissory note

A promissory note is incorrect because it's the document that contains the promise to repay, not the security instrument that creates an interest in the property as collateral.

Why is this correct?

In Texas, deeds of trust are the most common security instrument because they allow for a more efficient foreclosure process through a non-judicial proceeding, which benefits lenders. This three-party system (borrower as trustor, lender as beneficiary, and neutral trustee) is the standard in Texas real estate financing.

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