In our last discussion, we reviewed Texas General and Special Warranty Deeds . Quit Claim Deeds transfer real estate from seller to buyer only if the seller has something tangible to transfer. The major key to a quit claim deed is that there is absolutely no promise by the seller that the seller owns the property or can transfer a tangible property. A quit claim deed does not warranty title – it simply transfers whatever interest the seller might have in the property, even if the seller has no interest. Quit claim deeds are accepted for title insurance purposes from Texas governmental authorities or municipalities.
While Texas quit claim deeds are generally frowned upon, they do have some value in clearing title to property. Sometimes, there are questions as to whether a person might have a claim to the property such as being an heir. In such situations, this individual may not have an interest and would not be willing to warranty title. Therefore, they would use a quit claim deed.
The county courts generally keep certified copies of all deeds. In some cases, Bexar County in San Antonio can provide digital online copies of deeds. In order to accept the deed for recording, certain items must be included in the deed. Such items include a confidentiality notice as to any social security number or driver’s license number. Other specific information include the full name of the grantor and grantee, as well as the address of the grantee. The deed should also contain a legal description of the Texas property including the lot and block description.
A Granting Clause represents conveyance language for Texas property. The most critical words used by a San Antonio and greater Texas real estate attorney are “grant, sell, and convey” and these catch phrases are favored by the Texas courts. Other important aspects of the Deed include Consideration, Reservations from Conveyance (where the Grantor wishes to convey something less than full title), Restrictions Imposed on Property, Signatures, a Notary Acknowledgment, Permitted Exceptions, and a Return Address.
In some cases, Texas title can be transferred without a deed such as in a foreclosure, court action, condemnation, adverse possession, reversion, or tax forfeiture. There are both judicial and non-judicial foreclosures in Texas. The holder of a Deed of Trust can foreclose on a property without court intervention.
Given the potential complexity of deeds, it is imperative that you speak to a San Antonio and greater Texas real estate lawyer about the right deed for you. Good luck!