For a mortgage to be valid in Texas, what is required?

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For a mortgage to be valid in Texas, it must be in writing and signed by the borrower. This requirement is consistent with Texas law, which mandates that all contracts involving the purchase of real estate—including mortgage agreements—be in written form to be enforceable. The signature of the borrower signifies their consent and agreement to the terms presented in the mortgage document.

Notarization is a common practice used to provide authenticity to the signatures but is not an absolute requirement for the mortgage to be valid in Texas. While it enhances the reliability of the document and helps in preventing fraud, the fundamental requirement centers on having a written agreement signed by the parties involved.

Filing with a local zoning office or including a credit report is not prerequisites for the validity of a mortgage. The focus remains primarily on the written and signed nature of the agreement by the borrower.

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