Affidavit filing harris county documents

The Real Property Department records documents pertaining to real property or real estate in Harris County.

The Harris County Clerk’s Office has the ministerial duty to accept a document for recording if a statute authorizes, requires, and permits it to be filed.

Real PropertyReal Estate Information

Harris County Clerk Fee Schedule

Real Property Filing Fee per Texas Local Government Code Section. 118.011:
$25.00 for the first page
$4.00 for each additional page
$0.25 for each name in excess of five name that has to be indexed

Grantee's Address

Per Texas Property Code Section. 11.003.

1. An instrument executed after December 31, 1981, conveying an interest in real property may not be recorded unless:

1. a mailing address of each grantee appears in the instrument or in a separate writing signed by the grantor or grantee and attached to the instrument; or
2. a penalty filing fee equal to the greater of $25 or twice the statutory recording fee for the instrument is paid.

1. The validity of a conveyance as between the parties is not affected by a failure to include an address of each grantee in the instrument or an attached writing.
2. Payment of a filing fee and acceptance of the instrument by the county clerk for recording creates a conclusive presumption that the requirements of this section have been met.

Real Property Fee Schedule

Filing fees for documents no larger than 8 ½” x 14”
Local Government Code Chapters 118 and 291

Copy fees for documents no larger than 8 ½ “x14”

Map filing fees no larger than 40” x 72”

Condominium filing fees

Copy fees for Map and Condominium records 24” x 36”

Real PropertyReal Estate Documents

Real Property Department can only accept original documents or certified copies of court documents for filing in person, by mail, and electronically. No Xerox copies are accepted for filing. All signatures must be original.

In Person Filing:

Photo I. D. is required per the Local Government Code Section 191.010 (b) (c)

1. A county clerk in a county with a population of 3.3 million or more may require a person presenting a document in person for filing in the real property records of the county to present a photo identification to the clerk. The clerk may copy the photo identification or record information from the photo identification. The clerk may not charge a person a fee to copy or record the information from a photo identification.
2. Information copied or recorded from the photo identification is confidential.

By Mail Filing:

Include your original document and remit a cashier’s check or money order made payable to Teneshia Hudspeth, Harris County Clerk, or you may use the Real Property Credit Card Authorization form . Please do not mail cash or personal checks.

Mail to:

Teneshia Hudspeth, Harris County Clerk
Harris County Clerk’s Office
P. O. Box 1525
Houston, TX 77251-1525

E-Recording Filing:

E-recorded documents are acceptable if they are submitted through an eRecord Provider. Per the Local Government Code Section 195.003.

1. The following persons may file electronic documents or other documents electronically for recording with a county clerk that accepts electronic filing and recording under this chapter:

1. an attorney licensed in this state;
2. a bank, savings and loan association, savings bank, or credit union doing business under laws of the United States or this state;
3. a federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government, or a person approved as a mortgagee by the United States to make federally insured loans;
4. a person licensed to make regulated loans in this state;
5. a title insurance company or title insurance agent licensed to do business in this state;
6. an agency of this state; or
7. a municipal clerk.

The Harris County Clerk's office cannot accept electronically submitted Real Property documents except through our e-recording system. To set up e-recording with Real Property, you must first choose a vendor and verify that the chosen vendor will submit documents. All of our documents we receive must go through an eRecord Provider who currently submits to Harris County. Below is a partial list of known vendors you could choose from.

Corporation Service Company
(866) 652-0111
erecording@cscglobal.com
www.erecording.com

eRecording Partners Network
(888) 325-3365
www.erecordingpartners.net

All Real Property documents submitted to be e-recorded with the Harris County Clerk’s Office must be placed in the queue before 2:00 p.m. central standard time in order to be processed the same business day. All other documents placed in the queue will be processed the next business day.

Real Property FAQ

Where can I file my Release of Lien?

Releases of Liens can be filed in person or by mail in the Real Property Department. The nine annex offices can accept them for filing, however it may take 5 -7 business days to be filed based upon delivery of the work to the downtown office.

CAN I FILE A REAL PROPERTY DOCUMENT ELECTRONICALLY?

E-recorded documents are acceptable if they are submitted through an eRecord Provider. Per the Local Government Code Section 195.003.

Local Government Code
Title 6; SubTitle B; Chapter 195;
Section. 195.003. Persons Authorized to File Electronically.

1. The following persons may file electronic documents or other documents electronically for recording with a county clerk that accepts electronic filing and recording under this chapter:

1. an attorney licensed in this state;
2. a bank, savings and loan association, savings bank, or credit union doing business under laws of the United States or this state;
3. a federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government, or a person approved as a mortgagee by the United States to make federally insured loans;
4. a person licensed to make regulated loans in this state;
5. a title insurance company or title insurance agent licensed to do business in this state;
6. an agency of this state; or
7. a municipal clerk.

The Harris County Clerk's office cannot accept electronically submitted Real Property documents except through our e-recording system. To set up e-recording with Real Property, you must first choose a vendor and verify that the chosen vendor will submit documents. All of our documents we receive must go through an eRecord Provider who currently submits to Harris County. Below is a partial list of known vendors you could choose from.

Corporation Service Company
Brent Blankenship
(800) 927-9801
www.erecording.com
www.cscglobal.com

eRecording Partners Network
(888) 325-3365
www.erecordingpartners.net

CAN I FILE A REAL PROPERTY DOCUMENT BY MAIL OR IN PERSON?

In the Real Property Department of the Harris County Clerk's Office. The documents may be filed in person or by mail. If filing in person, a photo I.D. is required. If filing by mail, include your original document and remit a cashier's check, money order made out to Teneshia Hudspeth, Harris County Clerk or the Real Property credit card authorization form and mail to: Teneshia Hudspeth, Harris County Clerk., and Attention: Real Property, P.O. Box 1525, Houston, TX. 77251. Visit the Real Property page for more details.

I NEED TO RE-RECORD A DOCUMENT. WHAT ARE THE REQUIREMENTS?

Documents previously e-Recorded:

• If you are submitting the original document, submit the original document with corrections and then attach a recorded copy of the first and last page of the e-recorded document at the back.
• If you are submitting a certified copy of the document, submit the complete certified copy and then attach a page stating your correction at the back. Please note, nothing can be attached to a court-issued certified copy.

Documents previously submitted in paper form:

• If you are re-submitting the original document, submit the amended document.
• If you are submitting a certified copy of the document, submit the complete certified copy and then attach a page stating your correction at the back. Please note, nothing can be attached to a court-issued certified copy.

I NEED TO FILE A FINANCING STATEMENT OR UNIFORM COMMERCIAL CODE (UCC).

• The only UCC forms accepted for filing in the Real Property records are forms adopted by the International Association of Corporation Administrators (IACA) with a revision date of 4/20/2011. These forms, along with the instructions, can be downloaded from the Secretary of State’s website at www.sos.state.tx.us/ucc/index.shtml.
• It is required that the completed addendums be attached to the UCC when being filed in the Real Property records. These forms, along with the instructions, can be downloaded from the Secretary of State’s website at www.sos.state.tx.us/ucc/index.shtml.

HOW CAN I FILE A FOREIGN JUDGMENT?

Foreign Judgments must be domesticated in a Texas court first. Once the Judgment has been domesticated, you can request an Abstract of Judgment issued from the Texas court and submit it for recording along with the correct recording fee.

HOW CAN I OBTAIN A COPY OF MY SURVEY OR PLAT?

Our office provides certified and non-certified copies of plats. A plat can be a section of a subdivision or an entire subdivision. Please note, these plats are not specific to one lot only. Surveys are only accepted for recording if they are attached as an exhibit to a document; they cannot be recorded as independent instruments. Therefore, if one is on record, locating it can be difficult unless you know the specific document that was recorded with the survey attached.

HOW CAN I FILE MY ORIGINAL OR PROBATED WILL?

• A Will can be submitted for safekeeping in the Probate Department. Please contact our Probate Department at 713-274-8585 for further information.
• An original Will cannot be filed in the Real Property records. If the person is deceased and the estate has been probated in the courts, the Probate Court can then issue a certified copy of the Will which can be filed in our records. Please note, it is required that an Exemplification Certificate issued by the court in which the documents were probated be attached to all out of state Probate certified copies.
• A Will can be submitted as an exhibit to an Affidavit of Heirship.

WHAT ARE THE REQUIREMENTS FOR RECORDING A REAL PROPERTY DOCUMENT?

• The document must be the original; Xerox copies cannot be accepted.
• The appropriate person must sign the document, and that person’s signature must be notarized (i.e., Release, Deed of Trust, Deed, etc.). A Release issued by the Internal Revenue Service is not required to be notarized.
• The document must include legal descriptions when applicable.
• Documents of conveyance must indicate the grantee’s address. (Texas Property Code 11.003)
• All names must be printed under all signatures with the capacity of the signer and the entity for which they are signing indicated.
• A Return address must be printed on the document.
• There should be a 1-2 inch margin across the top and left margin of the document for our recording information.
• If the document you are filing is from a Texas court, it must be a complete original court-issued certified copy. Please call the office for instructions on out of State court documents.
• A certified copy cannot be altered.
  • Court document – You must contact the court to request a court-certified copy to be re-issued with the necessary information.
  • County Recorder – You may attach a page to the back of the clerk-issued certified copy. Do not alter the pages of the certified copy.

  WHAT ARE THE REQUIREMENTS FOR RECORDING A PLAT?

  • Must be original, signed, notarized, approved by the necessary municipalities, and meet statutory recording requirements.
  • Original tax certificates are required, according to Texas Property Code 12.002(e). If filing a plat between January 1st through August 31st, the tax certificate must reflect the previous tax year and indicate that no taxes are due. If recording a plat between September 1st through December 31st, the tax certificates must be dated on or after September 1st of the current year and state that the current year’s taxes are paid or not yet calculated. The exception to this law is to submit a tax certificate showing the previous year’s taxes are paid. It must be accompanied by a tax receipt showing the current year’s taxes are paid, or between September 1st and October 31st, a composite receipt, dated September 1st or after of the current year, showing the current year’s taxes are not yet calculated. Please note, not all tax collectors issue composite tax receipts. Please read Texas Property Code 12.002(e) for further details.

  WHAT ARE THE REQUIREMENTS FOR RECORDING A DOCUMENT IN THE CONDOMINIUM RECORDS?

  Declaration of Condo, Amendment to the Declaration, Master Leases and Master Deeds are recorded in the Condominium records. The original document must be submitted and meet statutory recording requirements. Before being submitted for recording, 4 pages (8x11 or 8x17 pages), in consecutive order, must be taped together to make a sheet. The filing fee is $10.00 per sheet submitted. Key maps attached to a Condo filing are $50 per key map page.