FAQ: Special Warranty Deed Texas?

What is a special warranty deed in Texas?

Special Warranty Deed TX

A Special Warranty Deed is a document that transfers title with both express and implied warranties. However, unlike in a General Warranty Deed, the Grantor only warrants the title from the time the Grantor has owned the property.

Why would you use a special warranty deed?

A special warranty deed to real estate offers protection to the buyer through the seller’s guarantee that the title has been free and clear of encumbrances during their ownership of the property. It does not guarantee clear title beyond their ownership.

Is a special warranty deed bad?

It will not protect against title issues that arose prior to the time the seller took occupancy. Consequently, it offers less protection to buyers, and more protection to sellers, than a general warranty deed, which is the most common option for selling or buying a property.

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What is the difference between a statutory warranty deed and a special warranty deed?

A general warranty deed covers the property’s entire history. It guarantees the property is free-and-clear from defects or encumbrances, no matter when they happened or under whose ownership. With a special warranty deed, the guarantee covers only the period when the seller held title to the property.

Does a warranty deed mean you own the property?

A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title. The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee’s title to the property.

Does a warranty deed prove ownership?

It’s important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don’t actually own the property, the grantor will be responsible for compensating

Is a warranty deed the same as a title?

A warranty deed is a higher level of protection produced by the seller upon the real estate closing. It includes a full legal description of the property, and confirms the title is clear and free from all liens, encumbrances, or title defects. Most property sales make use of a warranty deed. Our title agents can help.

Which deed offers the greatest protection?

Although many types of deeds exist, title is usually transferred by a warranty deed. A warranty deed provides the greatest protection to the purchaser because the grantor (seller) pledges or warrants that she legally owns the property and that there are no outstanding liens, mortgages, or other encumbrances against it.

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What does a warranty deed cover?

A warranty deed is a document often used in real estate that provides the greatest amount of protection to the purchaser of a property. It pledges or warrants that the owner owns the property free and clear of any outstanding liens, mortgages, or other encumbrances against it.

Can a special warranty deed be contested?

A warranty deed can be revoked. In most situations, the person signing the deed needs the cooperation of the person who received the deed to revoke it. If the deed was prepared to transfer property between family members or close friends, this might not be a problem.

What would be used to clear a defect from the title records?

Many title issues can be resolved by filing one of three common documents: A quit claim deed removes an heir and clears up title among co-owners or spouses. A release of lien/judgment removes a paid mortgage or spousal or child support lien. A deed of reconveyance records payment of a mortgage under a deed of trust.

Why use a bargain and sale deed?

Bargain and sale deeds are most often used when property is transferred pursuant to a foreclosure, tax sale, or settlement of the estate of a deceased person. They may also be used in the same situations as a quitclaim deed, although they give the grantee a little more protection.

What is a warranty deed with vendor’s lien?

This Warranty Deed with Vendor’s Lien contains a general warranty of title, does not include a reservation of the grantor’s oil, gas and other minerals, and includes a vendor’s lien which reserves superior title to the property until the note evidencing the purchase price is paid in full.

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Which parties must sign a deed to make it valid?

In order for a deed to be valid and legally enforceable, the deed must meet the following requirements:

  • Must be in writing and convey title to real property.
  • Signed by the grantor.
  • There must be a grantor and grantee.
  • The grantor must be legally competent to enter into legal contracts.

What does limited warranty deed mean?

Limited Warranty Deeds

In a Limited Warranty Deed, the seller usually gives two warranties. The seller only warrants to the buyer that: The seller personally has not done anything to the title that the seller received.

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