Any bail bond, the payment of which is secured by the
land in question as a security therefor, notice of which is imparted through the
land records, must be shown as a title exception in both the commitment and the
policy, unless a proper cancellation is filed for record. Although many district
attorneys use a deed of trust form, the law says that the property is held in
trust. So, a deed with the Grantee being shown as Trustee is the most
appropriate method.
Due to factors such as fraudulent transfers, sketchy
legal descriptions, duress, and forgery, do not issue a policy involving land
securing the payment of a bail bond without consulting with Texas Underwriting
Counsel.