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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
OK....so the situation is my husband's 91 year old grandfather has willed my husband the house he lives in upon his death. Since the will was written he has fallen and is in ill health. It is looking like he may have to be moved to an assisted living center. The great uncle has advised us to make all the changes necessary before we move him. He said we need to buy the house and have the deed changed so the state can not come after the house. He said we can buy the house for $100, it doesn't matter, we just need to show the house was purchased. Is this true? How do we protect the property from being seized by the state for payment? Please help.
Posted on: 24th Jan, 2011 07:45 pm
Hi!

Welcome to forums!

To dfa,

You should immediately contact a real estate attorney and take his opinion in this matter. He will check the deed and let you know what steps you need to take in this matter.

To fs,

A ladybird deed from your husband's old grandfather will help you in protecting the property. You should contact your real estate attorney and he will assist you further in this matter.

Sussane
Posted on: 24th Jan, 2011 09:46 pm
My father is dying from a disease and cannot write or speak. His current wife and my step mother somehow got an attorney to notarize the warranty deed, which conveys the property to her after my fathers death. The form just includes an X on the signature line. The family knows for a fact that my father did not want his wife to have the property. She is not aware that the family knows she filed the deed. To me the form would be valid if she got my father to agree to signing the deed when he could speak and still write. She waited for him to be completely disabled and then got the attorney to notarize. Also, she only lets his kids visit for 20 mins. and then we have to leave. As his children, would we be able to file a second warranty deed with the county as long as we provide video as additional proof that the children are entitled to the home?
Posted on: 27th Jan, 2011 02:12 pm
Hi Guest,

If the property is in the name of your step mother, then you and your other siblings won't be able to file another warranty deed without her signatures. You should contact a real estate attorney and take his opinion in this matter. If you can prove that your step-mother took illegal steps to transfer the property in her name, then you will be able to get back the property.

Thanks
Posted on: 27th Jan, 2011 09:57 pm
Where do I file the general warranty deed after it is filled out??
Posted on: 02nd Feb, 2011 06:19 pm
Hi Sandra!

Welcome to forums!

You will have to contact the county recorder's office in order to file the general warranty deed.

Feel free to ask if you've further queries.

Sussane
Posted on: 02nd Feb, 2011 09:36 pm
When is the effective date of a Deed...the date the deed was signed and notarized OR when the deed is filed in the County Court House.
Posted on: 23rd Feb, 2011 08:20 am
A deed must be signed, notarized and delivered to the grantee. On the date all three of those are completed, the deed is valid.
Posted on: 23rd Feb, 2011 09:07 am
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