Recording a Note in addition to Warranty Deed and Deed of Trust

[Frank Adams]

Im carrying a seller financed mortgage on a house in Texas. Buer is talking to a local lender about refinancing and the lender called me to ask if the NOTE was recorded. I told her no but as is the usual and customary practice the WD and DOT were.

She said the first thing the the underwriter asked was if it was recorded and I said I'd never recorded the now and none of my other borrowers had any difficulty in refinancing. She suggested I record it now.

I called the clerk's office to confirm the cost and they said that nobody ever records notes. I had always thought that making a public record of personal debt might violate credit laws but the clerk's office didn't know anything about that.

I'm kind of stuck here and unsure which way to go. Any Texas attorneys have any thoughts on this?

Thanks in advance.

Frank

[Greg H.]

Notes are not recorded in Texas as a practice.  Notes are typically or motorized as well therefore the County Clerk would not accept the note for recording