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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
is it true that if they start the process on florcloser in florida they have to produce the original note? in order to do so..if so what other means can be taken to wipe out a secound..and lower the first.. meaning vaule of the house the secound does not hold up...
Posted on: 30th Mar, 2009 07:01 pm
welcome hammy,

the second mortgage cannot be wiped out. though your property is foreclosed by the first lender, the second mortgage lender would have the right to sue you for his dues. if you do not pay the dues, the second lender will charge off the loan to a collection agency.

as far as lowering the first mortgage is concerned, you'll have to negotiate with the lender and check out if he agrees to it or not.
Posted on: 31st Mar, 2009 12:00 am
we purchased as an owner financing but we found out two years later there is a first lien on the property who are now trying to foreclose on the seller who apparently is not making payments and is in default. where does that leave us?? we've paid thousands $ so far.....
Posted on: 01st Apr, 2009 07:50 pm
Hi lzgar,

It would have been better if you did a title search before going for the owner financing. However, as there is a first lien on the property, the seller will have to satisfy it. If the seller can't satisfy the debts, then the creditor will have the right to foreclose the property.

Thanks
Posted on: 01st Apr, 2009 10:46 pm
If someone transfers property to another individual using a warranty deed, is the recipient responsible to claim this property as a gift on their taxes? Can the warranty deed be transfered back to the orginal grantor?
Posted on: 07th Apr, 2009 05:11 am
Hi Aggie!

Welcome to forums!

The grantor who transfers the property to the grantee will have to pay gift taxes for this transfer. Yes, the recipient of the property can claim it as a gift on their taxes. Yes, a warranty deed can be transferred back to the original grantor.

Feel free to ask if you have further queries.

Sussane
Posted on: 07th Apr, 2009 10:23 pm
I have agreed to sell property to a sibling, in good faith I wrote the bill of sale, she signed it agreed to the price and the payment date. I thought I could trust her so I signed the necessary papers over to her... however she has not paid and when I ask she said there is nothing I can do, it is hers now.. I know that she breached out contract.. what can I do to retrieve my property so I can sell it to someone else?
Posted on: 08th Apr, 2009 10:14 am
Welcome SC,

A query similar to yours have been answered in the given link:
http://www.mortgagefit.com/propertytransfer/about20349.html#87661

Please take a look. Hope it helps you.
Posted on: 08th Apr, 2009 11:11 pm
I live in Texas. My mobile home and property are combined real estate. I got a personal loan to buy it. I want to pay off the existing personal loan balance of $15K (at 11%) with an equity loan against the free and clear property. I am told that because I have no mortgage to pay off, I can't borrow against my unmortgaged property in Texas because it is mobile home/real estate. Is that true?
Posted on: 12th Apr, 2009 10:29 am
Hi sueryan!

Your query has been replied in the given link:
http://www.mortgagefit.com/texas/equityloan-mobilehome.html#88160

Please take a look. I hope it will help you.

Sussane
Posted on: 12th Apr, 2009 10:18 pm
I am buying a TX property with deed but no warranty. As I know, it will be difficult to obtain title policy. Is there any company can help me with this request?
:wink:
Posted on: 13th Apr, 2009 10:48 am
Hi Joran,

A query similar to yours has been answered in the given link:
http://www.mortgagefit.com/propertytransfer/about20508.html#88474

Please take a look. I hope it'll help you.

Thanks
Posted on: 13th Apr, 2009 09:57 pm
Hello-
My husband is termally ill. We jointly own a house here in North Texas and currently received a homestead exemption as well as a disability exemption. We also jointly own some property in Oklahoma. Our lawyer prepared for us a texas warrenty deed for both our Oklahoma land as well as our house here in Texas so it will be easier for me to sell the house when he dies. Will we now lose the disability exemption ?
Posted on: 16th Apr, 2009 12:12 pm
Hi Penyless!

Welcome to forums!

If your husband is removed from the property deed, then you'll lose the disability exemption.

Sussane
Posted on: 16th Apr, 2009 10:10 pm
I need to get a warranty deed for the property that I purchased. The owner of the property died & his parents sold the property & I received a release of lien & need to know how I can get a warranty deed for that property
Posted on: 17th Apr, 2009 09:35 am
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