Are you selling your house and need to transfer ownership? Or is there any other life circumstance where you need to put your property into the hands of another person? If so, you will need to transfer your real estate deed.
A deed is a written document that conveys legal and equitable title to real property. A deed will list the old owner, known as the “seller” or “grantor”, and the new owner, known as the “buyer” or “grantee”. While there are many reasons to transfer deeds, you’ll generally need to do so if someone’s name is removed or changed on the property title. Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. To ensure a legal change to the property title, you’ll want the services of an attorney. A qualified attorney will prepare and file the real estate transfer deed. Be prepared to provide basic information about both the property in question and the individuals who need to be listed on the title.
The following are several types of deeds used for the transfer or real property in Texas:
A warranty deed is the most common type of deed used in most purchase and sale transactions. It offers the best protection for the grantee because it guarantees that the title is good and marketable. In most land sales, the buyer expects the seller to convey valid, ‘clean’ title. This is also especially important to the buyer’s lender. The seller warrants to the buyer that the seller actually owns the land and has the right to sell it. Such a warranty is called a “warranty of title,” and it is conveyed in a Warranty Deed. There are two kinds of Warranty Deeds: the Special Warranty Deed, and the General Warranty Deed.
General Warranty Deed
When a seller makes a general warranty, the seller warrants that not only has the seller not personally done anything to adversely affect the title being conveyed, but neither has anyone else who has ever owned the property. If the buyer’s title is lost or impaired because of a previously unknown defect in the title, the seller will be liable to the buyer for the loss even if the seller had no reason to know of the forgery.
Special Warranty Deed
Transfer of property may also be done through a special or limited warranty deed or quitclaim deed. When a seller executes a Special Warranty Deed, the seller warrants only that he has not personally done anything to adversely affect the title being conveyed. However, if the title is impaired because someone else forged a prior owner’s signature on a deed, or sold the property in violation of a court order, the seller would not be liable because the seller did not personally cause the title defect. A special or limited warranty deed gives the grantee greater protection than a quitclaim deed and less protection than a full or general warranty deed.
When a grantor signs a Quitclaim Deed, they surrender whatever rights they have in the property. They walk away and have no responsibility to the purchaser. Quitclaim Deeds can be useful in clearing title in limited circumstances, such as when there is a question about whether a particular heir has a claim to the property, or where a person may have acquired title by adverse possession. In most cases, however, it is preferable to use another kind of deed.
Deed of Trust
A deed of trust or trust deed is similar to a mortgage. Title is transferred to a trustee, which is usually a trust or title company that holds the real property as security for the borrower’s loan. At the time the loan is paid in full, title is transferred to the borrower. The only power that the trustee has is the power of sale if the borrower defaults. The trustee can then sell the property to pay off the lender at a foreclosure sale auction.
Transfer on Death Deed
Information on Transfer on Death Deeds can be found here.
We have years of experience within the real estate industry and we know the intricacies of title transfer processes. If you need assistance with these matters, contact us now.