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.
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.
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
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
I sold my property in texas the new owner has already filed the warrenty deed, Now he ( new owner) is trying to take a morgage out on the property but the title company does not like the land description. Now 6 months later they want me to issue a new warrenty deed with a new description. what should be the course I should take?
My husband and I bought a house when we married, we are both on the deed, we divorced and the house was awarded to him (uncontested divorce) based on our personal agreement. Its been six months and he still hasn't been able to get the house transferred in his name and he is late on mortgage payments and the mortgage company is only calling me for payment because the house was financed in my name only.....how do I get him out of my house so I can move back in and start making mortgage payments
Hi MRLewis,
You have already transferred the property to the new owners. In such a situation, you won't be able to sign another warranty deed. You should ask the new owners to contact an attorney in this regard.
Welcome pilar,
Your query has been replied to in the given page:
http://www.mortgagefit.com/problems/getpossession-house.html
You have already transferred the property to the new owners. In such a situation, you won't be able to sign another warranty deed. You should ask the new owners to contact an attorney in this regard.
Welcome pilar,
Your query has been replied to in the given page:
http://www.mortgagefit.com/problems/getpossession-house.html
I have a warranty deed to 1.5 acres of land and have been paying taxes on it for 20 years. Another man claims to own it and has had it surveyed. The land is in my name, how safe is the warranty deed? Do I own the land?
Hi Myron!
Welcome to forums!
If you have a warranty deed mentioning you as the owner of the property, then you are the sole owner of the property. No one can claim ownership rights to that property. If the other person forces you, then you should take legal help in this matter.
Feel free to ask if you've further queries in this matter.
Sussane
Welcome to forums!
If you have a warranty deed mentioning you as the owner of the property, then you are the sole owner of the property. No one can claim ownership rights to that property. If the other person forces you, then you should take legal help in this matter.
Feel free to ask if you've further queries in this matter.
Sussane
If a lot was transferred to me from Grantor to me as Grantee. Only to my name as Grantee and the property is recored at County Hall only in my name . Can I sale this lot? If a note was in the property saying undivided 50%. My daughter and ex husband were Grantors.
Hi Ken,
If you're the grantee to the property, it means you're the property owner. Thus, you will have the rights to sell off the property. However, if there is another owner of the property, then you will have to take the permission and signatures of that owner to sell off the property.
If you're the grantee to the property, it means you're the property owner. Thus, you will have the rights to sell off the property. However, if there is another owner of the property, then you will have to take the permission and signatures of that owner to sell off the property.
we are not married we are splitting, my name is on deed and title. am i responsible for mortgage.do i have any rights on property. thanks jackie
Hi jackie,
As your name is on the property deed, you will be considered as one of the owners of the property. If your name is not mentioned on the mortgage docs, then you'll not be liable for the loan. If your name is mentioned on the loan docs, then you're responsible for the mortgage payments.
Thanks
As your name is on the property deed, you will be considered as one of the owners of the property. If your name is not mentioned on the mortgage docs, then you'll not be liable for the loan. If your name is mentioned on the loan docs, then you're responsible for the mortgage payments.
Thanks
My father passed away in May, he and I owned a home (no mortgage). How do I remove his name from the property and add someone else? Does it require an attorney?
Hi Tina!
Welcome to forums!
You can file an affidavit of heirship at the county recorder's office and get the property transferred in your name. Then you can sign a quitclaim deed and add someone else to the property deed.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You can file an affidavit of heirship at the county recorder's office and get the property transferred in your name. Then you can sign a quitclaim deed and add someone else to the property deed.
Feel free to ask if you've further queries.
Sussane
In 1974 my mom , dad and I bought a house. I was over 18. The warranty deed says John smith andjohn smith's wife, and jane smith(not our real names. Dad died 1996, mom said no to probate, mom died 2011 no will either, I only have one sister who lives in a nursing home but never had anything to do with the house.I live in Texas but not in that house, do I own it or is this an estate thing? I am the only one who has paid on the taxes for 5 years.
Welcome sprin,
The property is not in your real name. In such a situation, you don't own the house. Nevertheless, I will suggest you to contact a real estate attorney and take his opinion in this matter.
The property is not in your real name. In such a situation, you don't own the house. Nevertheless, I will suggest you to contact a real estate attorney and take his opinion in this matter.
I was gifted a warranty deed for a house. Come to find out the house was deeded to someone else. They were contacted not to have any rights or ownership by the owner of the property just like I was but earlier. I am trying to sell the house however the title company says they have to sign over the deed to myself. How can I do this without giving part of the sell monies to the old warranty deed owner how has not paid taxes or help with repairs for since the house was deed to me in 1995. I have been paying taxes maintaining the property, and replace the water well. what would suggest I do next?
I was gifted a warranty deed for a house. Come to find out the house was deeded to someone else. They were contacted not to have any rights or ownership by the owner of the property just like I was but earlier. I am trying to sell the house however the title company says they have to sign over the deed to myself. How can I do this without giving part of the sell monies to the old warranty deed owner how has not paid taxes or help with repairs for since the house was deed to me in 1995. I have been paying taxes maintaining the property, and replace the water well. what would suggest I do next?