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Texas Warranty Deed - How it differs from other states

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 04th Apr, 2008 12:06pm
If you're in Texas and looking to transfer whole or part of your property to another individual, you may use a Texas Warranty Deed. Such a deed is widely used to change names on title especially during buying/selling transactions.

Both General and Special Warranty deeds are approved by the state of Texas. The grantor (one who transfers property) is legally bound by certain covenants or warranties. But unlike all other states, in Texas, the grantor is not obligated to include the warranties on the deed. However, the warranties should be expressed by words in the deed as specified in the state laws. Some of these words are - "convey and warrant", "grant", "bargain", "sell" and "warranty generally".

It may happen that you have a mortgage on your property. Now, Texas being a Community Property state, if you get married after buying the property, your spouse will own half of the property equity gained during the marriage. And, in order to transfer half of your property equity, you can use a warranty deed as long as the mortgage is listed on the deed.
Posted on: 04th Apr, 2008 12:06 pm
Hi all,
A relative bought a home as a single man six months before getting married because he did not want to put his new wife's name on the mortgage, title, or deed. Now six months after they are married, a "Warranty Deed" (title on the top of the document) has been filed with the county stating that a 1/2 undivided interest has been granted to her. There is an outstanding mortgage on the home. Is it legal in Texas to grant your wife 1/2 of a home when you don't actually own it yet? The recorded deed prior to this one stated"General warranty deed-vendor lien". Also, the new deed filed is stamped on the last page: Returned at counter to: "an attorney's name in care of my relative's home address". The title company or mortgage company are never mentioned. I want to make sure he hasn't done something that will get him in trouble later. Thanks for your input. Concerned relative
home is paid off.what legal papers do I need to aqiure and keep?
Posted on: 21st Oct, 2008 10:13 am
Hi hgs!

When your loan is paid in full, your lender will give back your original mortgage and note, along with a document called "satisfaction of mortgages." You can also ask for a "release of mortgage letter".

Thanks.
Posted on: 21st Oct, 2008 10:51 pm
i will be selling a property that i inhereted from my parents. it is under a warranty deed. do i need to change the deed to my name before selling? the warranty deed is in my name.
Posted on: 31st Oct, 2008 11:34 am
Hi petie,

If the warranty deed for the property is in your name, then you will not be required to change it. If the property deed is in the name of your parents, then you will have to change it in your name and then sell the property.

Thanks.
Posted on: 03rd Nov, 2008 12:42 am
my brother and I were partners then we split the partnership my share was a property stip center which was recorded to his name , i had to waite to to do the warranty deed title until he paid a Bank loan so I can transfer the tile . 5 years later he had a problem a copmpany got judgement against him , so the court appointed reciever took my property
and sold it to an individsual and lost that property , they did acknowledge my interest in the propert but still did not get anythings what can I do to get back since i had a real extate agreement 5 years prior to that ?
Posted on: 12th Nov, 2008 09:11 pm
Hi Mohammad salaymeh!

You have mentioned that the property was already sold to someone else. In this case, I'm afraid, that you will not be able to do anything. You won't be able to recover it. Still to be on the safer side, you can consult an attorney.

Thanks.
Posted on: 13th Nov, 2008 03:46 am
How long does a person in Texas have to file a Warranty Deed in Texas? Are There Time limits?
Posted on: 18th Nov, 2008 05:28 am
Hi BUD!

Your question is not clear to me. However as far as I know, you can file a warranty deed when you are selling a property or when someone is selling property to you. You will have to notarize it and then as soon as possible record it at the county recorder's office.

Thanks,

Jerry
Posted on: 19th Nov, 2008 01:47 am
Hello
I was divorced last year, and we divided our property such that my ex wife would keep the house. She refinanced it in her own name already, but I need to take my name off of the deed. I've been searching but can't seem to find the exact form I need. Any suggestions? I'm located in Austin, Tx.

Thanks
Posted on: 20th Nov, 2008 09:35 am
Posted on: 21st Nov, 2008 12:57 am
I owned my home before getting married and I want to convert it into community property. I understand that a written agreement between husband and wife suffices to convert separate real property into community property. Is it necessary to change the deed as well? If so, what do I have to do to change the name on the deed?

Thank you
Posted on: 21st Nov, 2008 09:22 am
Hi CHUCK!

You can sign a quitclaim deed and add your spouse's name to transfer the your separate property into community property. You can get these forms online but its better to get it drafted by an attorney.

Thanks
Posted on: 22nd Nov, 2008 12:13 am
Husband & wife own property. H&W are now separated. Divorce not final. Wife will deed her interest to the property to her soon to be ex- husband. Husband refinancing/reverse mortgage. What "Deed" do we use in the state of Texas.
Posted on: 26th Nov, 2008 09:36 am
I want to buy to wooded lots next to each other and was wondering if a warrenty deed would be the way to go? The owner has had the land for over 20 years. Any suggestions?

Thanks
Posted on: 26th Nov, 2008 11:45 am
Hi,

To Big Bear,

The wife can use a quitclaim deed to transfer the property to her soon to be ex-husband. Quitclaim deed forms are available online but it is always better to draft the deed from an attorney. Once the deed is filled out, it needs to be notarized and filed at the county recorder's office.

To toshgaal,

Yes, you can use a warranty deed while buying the wooden lots. To know more about warranty deed, check out the given link:
http://www.mortgagefit.com/warranty-deed.html

Thanks,

Jerry
Posted on: 27th Nov, 2008 01:46 am
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