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- A deed is a written instrument that conveys title to real property. It differs from an earnest money contract, a note, and a deed of trust. While there is no standard form for deeds, deeds in Texas must include the intent to convey property, the legal description of the property, and a signature and acknowledgement of the grantor to be valid.
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May 11, 2023 · A deed is the document that transfers the grantor's ownership to a new person, the grantee. If title is based on a clear chain of ownership, deeds are the links of that chain. How do I record a deed? In Texas, you record your deed with the County Clerk in the county where the property exists.
- General Warranty Deed. The simplest explanation of a general warranty deed is that it offers the most legal protection for the grantee when transferring ownership.
- Special Warranty Deed. While a general warranty deed protects the buyer against all possible title defects, a special warranty deed offers a bit less protection for the grantee.
- Quitclaim Deed. The type of deed with the least protection for the grantee is undoubtedly the quitclaim deed. Quitclaim deeds make no guarantees at all regarding existing ownership claims or title defects, and simply allow the grantor’s interest in the property—whatever that may be—to the grantee.
- Transfer on Death Deed. Transfer on death assets or properties—including transfer on death deeds—are often used during the estate planning process, and have the same goal in mind: To transfer property or assets to the heir when the grantor dies and avoid having to go through probate.
Jul 28, 2020 · July 28, 2020. In Texas real estate transactions, property deeds are extremely important and there are formal conventions that pertain to them. For instance, to convey title to real estate in Texas, the grantor must execute a deed in front of a notary public.
- A warranty deed is the most inclusive, and as the term warranty implies, it warranties that the state of the title is good. This means that the buy...
- The special warranty deed is more limited and are preferred by grantors who are not comfortable granting a general warranty deed. With a special wa...
- In Texas, a grant deed is an instrument with which a property owner can transfer real estate with implied covenants of title. (An implied covenant...
- A deed of trust is not so much a deed in the traditional sense as it is part of the mortgage process. While a traditional warranty deed involves a...
- A quitclaim deed is an instrument for conveying the interest in a property and doesn’t come with a warranty. You might think of it as an “as is” de...
- A bargain and sale deed includes a warranty that the grantor has title to the property, but it does not guarantee that the property is free of clai...
- In addition to the deeds mentioned above, there is the transfer on death deed (TODD), legal in Texas since 2015. The goal of a TODD is commendable...
- BASICS OF A TEXAS DEED.
- EXECUTION, DELIVERY, AND RECORDING. Signing, Dating, and Delivering the Deed. “A conveyance of an interest in real property must: (1) be in writing, (2) be signed by the grantor, and (3) be delivered to the grantee.”
- COMMUNITY PROPERTY CONSIDERATIONS. Texas is a community property state. It is good practice (but not required) to state the marital status of the parties in the deed since not doing so may raise questions later.
- COVENANTS AND AGREEMENTS IN A DEED. Implied Covenants in a Texas Deed. At common law, a deed was accompanied by six implied covenants: (1) the covenant of seisin (the grantor is the owner of the property being sold); (2) the covenant against encumbrances (the land is owned free and clear of liens); (3) the covenant that the grantor has the right to convey the property without joinder of others; (4) the covenant of quiet enjoyment, which represents an assurance by the grantor that the grantee’s title will not be disturbed by third-party claims; (5) the covenant of warranty, obliging the grantor to defend title against challenges by others; and (6) the covenant of further assurances, meaning a promise by the grantor that will take such other and further actions in the future as may be necessary to vest title in the grantee.
Aug 5, 2014 · In Texas, there are basically four main types of deeds: a general warranty deed, a special warranty deed, a deed without warranty and a quitclaim deed. The differences between them are profound, and the type used continues to affect both parties well after the transfer takes place.
Jan 3, 2024 · In this comprehensive guide, we will delve into the various aspects of real estate deeds in Texas, exploring their types, key components, and the significance they hold in property transactions. The Law Offices of Jesus R Lopez can assist you in drafting deeds for selling or buying property.
Oct 8, 2024 · A deed is a legal document that transfers the property ownership. It is commonly used when buying or selling real property. Special types of deed can specify who inherits the property when the owner dies. Examples include: transfer-on-death deeds (TODDs); enhanced life estate deeds (Lady Bird deeds); and.
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