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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
Can i deed the house over to my daughter? if so, what is simplest way?
Posted on: 03rd Dec, 2008 10:57 am
Welcome skaterdon,

If your daughter is an adult, you can add her to the property title with the help of a quitclaim deed. You can get sample quitclaim deed forms online but it is always better to draft the deed from an attorney.
Posted on: 03rd Dec, 2008 11:22 pm
I bought a house with the mortgage under my name, I am a recent widow and now my daughter and son in law live with me, to whom I'd like this house to go to should something happen to me. how can i guarantee they will not have to refinance etc etc and can just resume paying the mortgage (as they are the ones who pay it now any ways)
Posted on: 16th Dec, 2008 07:51 pm
I recently became a widow and now live with my daughter and son in law, I bought the house under my name, so the mortgage is under my name. however I want to assure they have the house if something were to happen to me, how can I assure this without them having to refinance etc etc? They already pay the mortgage as it is, and would hate them have to refinance in the midst of what might be a trying time should something happen to me.
Posted on: 16th Dec, 2008 07:53 pm
hi jess

as far as i know, if the ownership of the property changes, then the new owners will have to refinance the property in their name. however, in your case, as your son-in-law and daughter are paying the mortgage dues, they may speak to the lender about novation which is also a way of transferring the mortgage. but you should note that lenders prefer refinancing over novation and it will be totally the lender's discretion whether he will accept a novation or not.

thanks.
Posted on: 17th Dec, 2008 12:18 am
I have two clients who purchased land in Houston, TX and they jointly own it. One owner wants to grant his undivided interest in the land to the other owner. What's the best way to do it without involving a title company? Thanks!
"joetrak@aol.com"

[Link deactivated as per forum rules. Thanks.]
Posted on: 18th Dec, 2008 03:25 pm
Hi txaustinjoe,

The owner who wants to transfer the property can sign a quitclaim deed in the name of the other owner. Once the deed is signed, it has to be notarized and recorded at the county recorder's office. But you should remember that if there is a mortgage on the land, then that mortgage will have to refinanced by the new owner.

Thanks,

Jerry
Posted on: 19th Dec, 2008 01:19 am
Jerry,
Thanks for taking the time to reply. I thought a simple quitclaim would do the trick until someone said that in Texas, title companies have recently been refusing to accept quitclaim deeds as the carry too much risk. If that is the case, would a general warranty deed protect the grantee? Thanks!
Posted on: 19th Dec, 2008 11:07 am
Welcome Guest,

Yes, you can use a general warranty deed for the transfer of the property as well.
Posted on: 19th Dec, 2008 11:31 pm
I am recently divorced and my ex husband's attorney did not have him sign the warranty deed included. Can the divorce decree be used to obtain clear title to the house (clearly stated in the decree)? I am trying to refinance and the title company has asked for the warranty deed and now the ex husband is refusing to sign one.
Posted on: 20th Dec, 2008 06:05 am
I had poa for my mother she sold me her house for $500.00 5 years ago, I never filed or transefer the property, she is now deceased. Is the warranty deed still valid
Posted on: 21st Dec, 2008 07:29 am
My parents filed a Warranty Deed granting their home (and lot next door) to my uncle 10 years ago (no mortage on the house at that time). An attorney filed it and appears to have all of the clauses required in Texas.

Can my uncle file another Warranty Deed using the same language as the first one (but switching out the names) granting the home back to my dad? My dad is and 65 and wants to lower his property taxes.
Posted on: 21st Dec, 2008 12:41 pm
Hi LS!

Welcome to forums!

In my opinion, your uncle can use a warranty deed to transfer the property to your father using the same language. But it is always better to take the help of an attorney in doing these things.

Feel free to ask if you have further queries.

Sussane
Posted on: 21st Dec, 2008 10:14 pm
Thanks Sussane!
Posted on: 22nd Dec, 2008 07:46 am
Hello,

I need to find out what my Mom should do, to get a home, in Texas, in her name and out of my uncle's name.

1. My uncle's name is on the deed, my uncle is in prison and unavailable

2. my terminally ill aunt (his wife), using my uncle's full power of attorney, wrote a Notarized letter to my mother (her sister) stating that, upon my aunt's death, my Mother could pay off the house and then it would be my mothers property.

3. My aunt died, and then my mother had all the taxes and association fees transferred into her name, using the power of attorney and notarized letter.

4. Finally, my mother paid off the house and the mortgage bank sent my mother the Deed in my Uncle's name.

5. Now we need to know what we need to do, to get my uncle's name off the property title/Deed and into my mother's name only.

Thank you
Posted on: 22nd Dec, 2008 09:01 am
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