TEXAS CONFIDENTIALITY NOTICE

EFFECTIVE JANUARY 1, 2004

AN ADDITION TO BE MADE TO
INSTRUMENTS FILED IN TEXAS

Effective January 1, 2004, Section 11.08 was added to the Texas Property Code.  It provides that an instrument signed after January 1, 2004 transferring property to or from an individual may not be recorded unless the following Notice (in 12-point uppercase letters) is on the first page of the instrument:


NOTICE OF CONFIDENTIALITY RIGHTS:  IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:  YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.


Section 11.08 defines an “instrument” as a deed, mortgage, or deed of trust.  However, the general consensus is that to comply with this provision of the Texas Property Code, the Notice should be included on any document to be recorded.

NOTE:

1.    County Clerks around the State have agreed they will not refuse to record a document if it does not have the Notice on it.

2.    The Notice requirement only applies to an instrument to or from an individual.


This Notice is not included on forms in the Kanes Forms Programs, as it is only applicable to documents to be filed of record in Texas.