Frequently asked questions
The fee to prepare a Property Deed for you is $195. Your deed will be prepared by a Texas licensed attorney in about an hour.
This fee does not include the county recording fee. The county recording fee is approximately $15 to $40, depending on the county the property is located in.
We include filing and recording instructions with your property deed.
To make a change to a deed, a new document must be prepared and recorded.
Additionally, the deed should be appropriately signed and notarized according to the requirements in the county where the property is located.
Once the new deed has been signed and notarized, the document is ready to be recorded with the county clerk.
In most cases, you need three things to transfer real estate property title.
1. The name of the current owner (this is the grantor).
2. The name of the new owner (this is the grantee).
3. The address or legal description of the property.
A statement of the purchase price (the consideration) should be included if there is one. Alternatively, the transfer can be a gift.
The owner of the property or his or her authorized agent must sign the deed.
The Buyer or Grantee does not need to sign. A notary is required to sign the document.
The only person who can sign the deed is the owner of the property. Alternatively, a person with a properly signed Power of Attorney may sign for the owner.
If the property owner is a business, an officer of that business can sign as an agent.
No. The seller does not have to be located in the state where the property is located to transfer property that they own.
The seller can be anywhere in the country, or even in the world for that matter, as long as they have access to a recognized notary
No. The buyer does not have to be located in the state where the property is located in order to have the property transferred to him or her.
After the deed has been signed and notarized, the original needs to be filed and recorded with the county clerk in the county where the property is located.
You can mail the deed or take it to the county clerk’s office in person. Only original documents may be recorded.
There is a recording fee of approximately $15 to $40 depending on the county.
We include recording and filing information with your property deed
Generally, properly signed and notarized documents can be recorded in person or by mail.
Some clerks require a self-addressed envelope be sent along with your deed if you mail it.
Prices vary from county to county. Generally, the cost to record a deed runs from $15 to $40.
It is a good idea to call ahead or check online to confirm the cost to record your deed
Most county recording offices accept cash, certified check or a money order.
Be advised, most recording offices do not accept personal checks.
It is a good idea to call ahead or check online to confirm the method of payment accepted to pay for your recording.
Typically deeds are recorded according to state requirements upon receipt.
Once they are recorded, they must be indexed, verified and scanned to appear on public records.
In many counties, you may be able to do this in person at the public records office. If so, you will receive your recorded document the same day.
Alternatively, you can mail your document to the recording office. Once the document appears on the public record, it is returned to you in the mail. The time frame varies in each county but it usually takes approximately 7 to 10 days
No. We obtain information from the public records if you cannot locate your deed.
One person may acquire the home that was jointly owned in a divorce settlement.
The other person may use a Warranty Deed to transfer his or her interest in the property in order to comply with the court’s decision or the ex-spouses’ mutual agreement.
If the property is co-owned by both spouses with Right of Survivorship, when one spouse dies, a death certificate can be recorded to clear the title. With a survivorship agreement, the remaining spouse becomes the sole owner of the property.
If you and your spouse did not have a right of survivorship agreement, you may need an Affidavit of Heirship or a probated Will.
No. The deed for the house is the also the deed for the property or land.
However, if there is a mobile home on the property, the mobile home may have a separate title than the property.
Yes. When an owner gets married or remarried, he or she can use a deed to transfer an interest in the property to their new spouse.
However, if there is a mortgage on the property, you should get the written consent of the mortgage company.
Technically, yes, you can transfer your property to a minor.
However, it is not advisable to do so.
A further transfer will not be possible until the minor reaches 18 years old.
Title insurance is an indemnity (security against loss) insurance.
Lenders title insurance is purchased by the borrower to protect the lender.
It is issued by a licensed insurance company and protects the holder from financial loss should there be defects in a title to real property.
This is a separate service purchased directly from the insurance company.
Escrow is a financial arrangement provided by a title company or escrow company to hold a signed deed in trust or “escrow”.
Funds are released when the terms of an agreement (in most cases when payment is complete) are met.
Yes, but the new owner will still need to pay the property taxes.
You should advise the new owner that the taxes are past due on the property.
You can transfer multiple properties with one deed IF the same owner or owners are transferring to the same new owner AND the properties are all in the same county.
Many people, however, prefer to have a separate deed for each property
Only if the owner signed a Power of Attorney before he or she becomes mentally incapacitated or if there is a court appointed guardian.
We highly recommend that ALL property owners sign a Power of Attorney to authorize a trusted spouse, relative, or friend to sign documents if the owner becomes mentally incapacitated.
We put both names on the new deed.
You sign the document using the name on your driver’s license and that you are “also known as” the name on your deed.
You can transfer the property, BUT you need the prior written consent of your mortgage company.
If you transfer the property without permission, the mortgage company may have the right to foreclose on the property.
You need to contact your state Department of Motor Vehicles (DMV).
all documents for property deed transfers in texas
R. Scott Steinbach is licensed in the state of Texas. Board Certified by the Texas Board of Legal Specialization in Residential Real Estate Law. AV Preeminent rated by Martindale-Hubble. Peer rated for the Highest Level of Professional Excellence.
Texas Property Deeds is a service of The Steinbach Law Firm.
The Steinbach Law Firm is a Texas Real Estate Law Firm. We prepare all documents for any real estate transaction in Texas.