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kendallsusan · Joined: 15 Jan 2010 Posts: 1 1.30 Dollars($)

I've read that you have to use a warranty deed in Texas to transfer real estate into a revocable living trust. My husband and I own real estate that still has a mortgage on it. If a warranty deed warrants the property is free of liens, shouldn't we instead use a quit claim deed? If not, is there specific language we use in the warranty deed on property that still retains a lien?

jameshogg · Posted: Fri Jan 15, 2010 8:56 pm Post subject:

Hi kendallsusan,

If there is a mortgage on the property, then you won't be able to use a warranty deed to transfer the property to a revocable living trust. You will have to use a quit claim deed in order to transfer the property. You should contact a Texas based attorney and ask him to draft the deed for you.

Thanks

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Quit claim or warranty deed to transfer Texas property to a living trust?

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