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To:        All Agents, Direct Operations and Attorneys for the State of Texas

From:    David W. Rhodes

Date:     July 18, 2003

Re:        New Notice Required on Deeds and Deeds of Trust
             Effective January 1, 2004

The last session of the legislature enacted a law requiring a confidentiality notice on all recorded deeds, mortgages and deeds of trust.  Any of these instruments executed after January 1, 2004, may not be recorded unless a notice appears on the first page of the document in 12 point bold faced type or uppercase letters which reads substantially as follows: 

“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 Drivers’ License Number.” 

Failure to include the notice will not affect the validity of the instrument as between the parties.  Also, the County Clerk may not reject an instrument for recording if a drivers’ license number or social security number is included in the instrument.  The enforcement of the new statute will depend entirely on your County Clerk.  Please educate your recording personnel, any attorneys that draw documents for your transactions and as many lenders as possible.  This information was not normally included in these instruments but after January 1, 2004, this Notice is required for recordation.