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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
We just sold our mobile (plus the lots that it is on) to a couple from California. We agreed to split the title cost. I took the info to the same title company we used when we bought it 3 years ago. The total cost is going to be around $1000. This seems high. Could we have just used a Texas warranty deed to transfer the title.
Posted on: 22nd Dec, 2008 02:56 pm
Welcome,

To usmctoys,

Your uncle now needs to sign a quitclaim deed in your mother's favor giving her the ownership rights of the property. Once he signs the quitclaim deed, she will have to notarize and record the deed at the county recorder's office.

To tefarmer,

As far as I know, yes, you can use a Texas warranty deed in order to transfer the title to the new buyers. But you will have to notarize and record it.
Posted on: 22nd Dec, 2008 10:42 pm
Hello,
My husband and I bought a townhome several years ago and we just paid it off. We received the warranty deed and we were advised to have it recorded at the county clerk's office. I'm new in all this and I don't know what steps to take or how the process works. Can anyone help me please?
P.S. What documents should I bring to the county clerk's office when I file the warranty deed?
Thanks.
Posted on: 28th Dec, 2008 09:27 pm
my parents own a home and have a home equity loan outstanding on the home. i want to "purchase" the home (pay off the equity loan) and change ownership to my name. what is the easiest and cheapest way to do this in texas?
Posted on: 30th Dec, 2008 07:49 pm
hi,

to extremely overwhelmed,

congratulations!!! it's a great news that you paid off the mortgage. as far as i know, you will require the warranty deed in order to record it at the county recorder's office. it will be better if you can take the help of an attorney in this regard.

to anjee

in order to buy the home, you can use a warranty deed to transfer the property. as far as the mortgage is concerned, you will have to refinance the mortgage in your name. but check out if there is a due on sale clause mentioned in the current mortgage docs. in that case, the mortgage will become due if your parents sell off the property.

thanks.
Posted on: 31st Dec, 2008 01:01 am
Through a separation by choice, my ex partner has agreed to sign a warranty deed (TEXAS) giving me all rights to the property. As we are both listed on the mortgage - is this the correct deed to use for this transaction?
Posted on: 01st Jan, 2009 04:38 pm
Hi DannyP,

Yes, the deed used is correct. But by signing this deed, only the property has been transferred in your name. In order to transfer the mortgage in your name, you need to refinance it.

Thanks
Posted on: 01st Jan, 2009 09:23 pm
What document do I use to have my property transfer to my children upon my death but that lets me have interest in property now to sell if this should arrise?
Posted on: 08th Jan, 2009 02:43 pm
You can use a lady bird deed to transfer the property to your heirs. This deed will help you retain the life estate in the property and you will also have the right to sell off the property without taking their permission. To know more, check out:
http://www.mortgagefit.com/know-how/ladybirddeed.html
Posted on: 08th Jan, 2009 10:50 pm
My Father passed away and my brother is wanting to buy the house from myself & sister. (Per my fathers will, all assest are split equally) We are in agreement. Since my father has a special warranty deed on file, what steps are necessary to transfer the house into my brothers name?
Posted on: 12th Jan, 2009 05:46 pm
Hi Jill,

If the will has been probated and filed in the county recorder's office, then you can either use a quitclaim deed or a warranty deed to transfer the property in your brother's name. Once you and your sister sign the deed, you will have to notarize the deed and record it at the county recorder's office. Otherwise it won't be considered as valid.

Thanks
Posted on: 12th Jan, 2009 10:13 pm
Does a transfer of warranty deed have to be done by an attorney?
Posted on: 19th Jan, 2009 11:11 am
Welcome girlygirlspike,

It is always better to hire an attorney while filling out any kind of deed or transferring property with the help of a deed.
Posted on: 19th Jan, 2009 09:16 pm
My ex husband and I have been divorced for 3 years now. The divorce decree ordered him to refinance the home we lived in 3 months after the order was singed by the judge. As of this day he still kept me on the mortgage. He is constantly late with his mortgage payments and the fact is that he hasnt been living in that home for over a year. So there goes his homestead exemption. Anyhow my question is: is there a way to get me off that mortgage somehow other than he refincancing it? If he doesnt live in the home can it be forced to sold since he doesnt even live in it? I have my own life now, have a new spuse and house but I cant even be on my new home's mortgage becasue I am still on the old one. I have never been added as an owner to my ex's house only to the mortgage. Please help if you have a idea, so I can finally close the door on my past. Thank you.
Posted on: 22nd Jan, 2009 08:56 am
hi bb,

as the divorce decree states that your ex-husband needs to refinance the property, he must do it. if he hasn't refinanced the property, you can even sue him in the court. novation is a way of transferring the mortgage from one person to another but lenders prefer refinance over novation.

thanks
Posted on: 22nd Jan, 2009 09:20 pm
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