WARRANTY DEEDs Texas
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warranty deed texas
Warranty Deeds are the basic staple of real estate property transfers in Texas. These deeds are commonly used to transfer ownership of a house or other real estate between a Seller and a Buyer. Be advised that the Seller needs to be alive and legally competent to sign documents.
It is called a “Warranty” Deed because the Seller who signs the deed is making a warranty [promise] that the Seller owns the property and that the property is clear of liens and other problems that are not stated in the deed.
Good to know: A Warranty Deed transfers real estate property title from one person or entity (grantor) to another person or entity (grantee). Whether the deed contains a full or limited warranty of title will determine which Warranty Deed you use.
types of warranty deeds
Choosing the type of Warranty Deed you use depends on the extent you are willing to warrant or guarantee clear title of the real property. These deeds, in particular, contain specific language to determine the warranty of clean title of the property.
Gift Warranty Deed
If you are looking for a Gift Deed, we recommend a Warranty Deed. A Gift Warranty Deed is simply a Warranty Deed that is used to transfer ownership of property when there is no money being paid for the transfer.
The gift can be to a family member, church, charity, or any person or entity. What makes it a gift is that nothing of value is given in exchange for the transfer.
Beware that there could be gift tax consequences. Be sure to contact your tax advisor before making a gift of property.
Grant deed in Texas
The term “Grant Deed” is not generally used in Texas as it is in other states. A Texas Warranty Deed is a Grant Deed. A Grant Deed is a deed that transfers or “grants” an interest in real property.
All of the requirements for a Grant Deed are the same as a Warranty Deed. If you are looking for a Grant Deed, we recommend a Warranty Deed.
Remove Ex-Spouse
If you are divorced and need to remove your ex-spouse from the title to the property, be sure to avoid using a Quit Claim deed for Texas property. We recommend a Special Warranty Deed.
Warranty Deed With Vendor’s Lien
A Warranty Deed with Vendor’s Lien contains the Seller’s guarantees of a warranty deed but with a lien. This deed is part of a seller finance package of documents.
If the buyer is paying cash for the property transfer, we do not recommend the use of a Warranty Deed with Vendor’s Lien.
A Warranty Deed with Vendor’s Lien is a transfer of real estate property where a lien for the unpaid purchase price in favor of the Seller is retained.
A Vendor’s Lien may also be known as a Seller’s Lien. It contains the Seller’s warranty against prior liens BUT it reserves a lien for the Seller to secure payment of the purchase price.
The lien that is reserved by the Seller is known as a “Vendor’s Lien.”
A Warranty Deed with Vendor’s Lien transfers title to the real estate property but the property is subjected to a lien for the unpaid purchase price. Again, it is part of a seller finance package of documents.
Good to know: A Warranty Deed with Vendor’s Lien is required by most mortgage companies that loan money to purchase property. The mortgage company will require the Seller to retain the Vendor’s Lien and transfer it to the mortgage company.
Note: After the mortgage is paid, the mortgage company should release the Vendor’s Lien with a Release of Lien.
House Deed TRansfer
When you plan to transfer a house deed, we recommend that you use a General Warranty Deed whenever possible. Whenever you are changing house title, using this deed may assure a buyer that there will be no issues with the title in the future.
Note: A Power of Attorney [POA] may be used when a property owner needs to buy or sell property but cannot attend the closing of the property in person. It may be used to purchase or sell a property.
A deed in Texas transfers the land described in the deed together with all permanent improvements on the land. This transfer includes the house built on the land, and any other permanent structures on the land, such as a barn or similar outbuilding.
The deed does not transfer ownership of items of personal property, including cars, house contents, or mobile homes.
Transfers with Mobile homes
Beware that the deed may not be sufficient to transfer a manufactured house on the land which is registered with the Texas Department of Manufactured Housing. These homes are commonly referred to as mobile homes. If there is a structure on the land which you think may be a mobile home, it is advisable to check to see if it is a manufactured house.
Good to know: Even if the wheels are off of the mobile home, the deed may still not be sufficient to transfer the mobile home unless it is specifically described in the deed, usually by a serial number and name of the manufacturer.
Note: You will also need to transfer the title to the mobile home with the Texas Department of Manufactured Housing. This process is similar to car titles transferred at the Department of Motor Vehicles (DMV). Be aware that a manufactured or mobile home may have a lien on it. The lien can only be found by checking with the Texas Department of Manufactured Housing.
The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs has a very good website to search and transfer ownership of mobile homes at https://www.tdhca.state.tx.us/mh/
Land Deed
A building lot located inside a subdivision is transferred with a Land Deed. Acreage located outside a city is transferred with a Land Deed. Land ownership is transferred with a deed. The deed transfers the land and any structures located on the land. If you are looking for a Land Deed, we suggest a Warranty Deed.
Good to know: A Land Deed usually means there are no improvements on the land. But if there are, the land deed will transfer the improvements with the land. There are several types of deeds used to transfer land but the General Warranty Deed and the Special Warranty Deed are most commonly used.
Most lots in a platted subdivision are described in the County Records as a single lot located in a block in a named subdivision. The map or plat for the subdivision is recorded in the County Map or Plat Records. This process makes identifying the property to be transferred by a deed simple and accurate. This is referred to as a “Lot and Block” description for the property. The deed used to transfer the property will describe the property simply as:
“Lot 1, Block A, in Any Subdivision, located in any City in any County, Texas, as shown on the map or plat recorded in Volume 1, Page 2 of the Map or Plat Records of any County, Texas.”
If land is not located in a platted subdivision, you will need a survey description of the property.
This is generally referred to as a Metes and Bounds description, instead of a Lot and Block description. It is also referred to as “Field Notes.”
A “Metes and Bounds” description describes the property in acreage, such as 10 acres in any County, Texas, or as .50 acs in any City, in any County, Texas.
Note: The metes and bounds description needs to be prepared by a licensed professional surveyor.
Good to know: Be aware that if you are buying or selling part of a tract that is described only by a metes and bounds description, you will need to purchase a new survey describing the portion of the tract that is being sold. For example, if you are buying 5 acres out of a 10 acre tract of land, you will need a separate survey just for the 5 acres.
The Central Appraisal District for the county where the property is located will also give the property its own tax identification number or property ID number, but this number is usually not enough description for a deed. You should use the full Lot and Block description whenever possible when transferring land.
Good to know: The property records and the tax records are DIFFERENT records. The information in the tax records is not in same information in the property records.
Warranty Deed prepared for $195
Do you have questions about a Warranty Deed? Call and speak directly with attorney Scott Steinbach at 972-960-1850. Or email him at scott@texaspropertydeeds.com.
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 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.
