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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
Hi mikey,

Your query has been replied to in the given page:
http://www.mortgagefit.com/texas/shortsale-creditrating.html

Take a look at it. Hope it helps you.
Posted on: 03rd Nov, 2010 10:08 pm
My wife and I are registered bidders at the local county auction that is held monthly at the court house. My wife purchased a vacant lot at a tax sale, and somehow the recorded sheriffs deed was sent to us under both our names. There are no liens on the property as the lot was purchased directly from the sherifs sale and/or directly conveyed from the county sheriff office. In wanting to keep her and my purchases separate, can I provide her with a quit claim deed or should I use the more formal warranty deed.
Posted on: 04th Nov, 2010 06:22 am
Hi lrg!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about46145.html#190213

Take a look at it. Hope it helps you.

Sussane
Posted on: 04th Nov, 2010 11:30 pm
can a texas warranty deed be recinded, revoked, or canelled?
Posted on: 09th Nov, 2010 11:10 am
i live in TX and an elderly friend of mine owns a home with her brother. both are over 65. both live in the home. brother dies, her name is not on deed so she loses the property tax freeze that the home had since it was built which doubles the property taxes. does she have any recourse and can anyone be on the deed other than the spouse?
Posted on: 09th Nov, 2010 03:33 pm
Hi mook,

The Texas warranty deed might be revoked provided the grantee transfers the property to the grantor. Or else, the grantor will have to file a lawsuit at the court in order to get the deed revoked.

To r lee,

Your friend can contact the county recorder's office and get the property deed transferred in her name. Once the property is in her name, she can apply for the property tax freeze once again.

Thanks
Posted on: 09th Nov, 2010 09:35 pm
I was told of an alternative way of getting in to a house with no credit. Basically the buyer uses the credit of the seller. The Buyer basically takes over the payments of the existing note, pay the seller an agreed upon cash amount if any and then the seller transfers the deed into the buyers name. Later if/when possible, the buyers will try to get approved for a loan and pay of the existing note. Is this a possiblity?
Posted on: 10th Nov, 2010 12:03 pm
This is in TX by the way.
Posted on: 10th Nov, 2010 12:06 pm
Hi Guest!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about46452.html#191091

Take a look at it. I hope it will help you. Feel free to ask if you've further queries.

Sussane
Posted on: 10th Nov, 2010 10:17 pm
Is a copy of a warranty deed filed with the county? If I cannot locate a warranty deed, is there any way to duplicate?
Posted on: 29th Nov, 2010 08:30 am
Hi Jan!

Welcome to forums!

A deed needs to be get recorded at the county recorder's office in order to make it valid. If you do not have a copy of the deed available with you, then you can contact the county recorder's office and get a dupplicate copy of the deed.

Feel free to ask if you've further queries.

Sussane
Posted on: 29th Nov, 2010 08:43 pm
I have POA on my mom..but need to transfer house into my name-what do I do first. Thanks so much
Posted on: 01st Dec, 2010 02:04 pm
Hi pm!

Welcome to forums!

As you have a POA from your mother, you can use a quitclaim deed in order to transfer the property in your name. You should contact your attorney and he will help you in this matter.

Feel free to ask if you've further queries.

Sussane
Posted on: 01st Dec, 2010 09:23 pm
Hi Jessica, Can one deed a piece of land back to the county where it is located (in Texas)? I have a property that I have never been able to sell. Now the county is assessing road improvement fees against it (via a lien). I would like to relenquish the property if possible.
Posted on: 07th Dec, 2010 01:56 pm
Hi KK,

You may be able to transfer the property to the county. You should contact a real estate attorney and he will be able to help you with required guidance in this matter.

Thanks
Posted on: 07th Dec, 2010 09:26 pm
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