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There are a variety of deeds that are recognized in Texas, but the four most common deeds seen are general warranty deeds, special warranty deeds, no warranty deeds, and quitclaims. If you need a deed drafted or have any questions regarding these deeds or any other real property conveyance tools, please contact us.

Until the unrecord deed is processed, and title transferred, the holders of the title still own the property. They can mortgage the property or sell it. The plan for the children to receive and record the deed may not have legal authority.

Section 13.001 - Validity of Unrecorded Instrument (a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed ...

Recording Deeds Texas does not require that a deed be recorded in the county clerk's real property records in order to be valid. The only requirement is that it is executed and delivered to the grantee, which then makes the transfer fully effective.

In Texas, there's no requirement that a deed be recorded in the county clerk's records to be valid. The only requirement is that it be executed and delivered to the grantee, at which time the transfer becomes fully effective between the grantor (seller) and the grantee (buyer).

If Your Deed Is Not Recorded, the Property Could Be Sold Out From Under You (and Other Scary Scenarios) In practical terms, failure to have your property deed recorded would mean that, if you ever wanted to sell, refinance your mortgage, or execute a home equity line of credit, you could not do so.

If the loan is completely paid off (either before or at the end of the loan term), the Trustee is responsible for dissolving the Trust and transferring the legal title over to the new owner (the borrower).

A deed of trust is the most commonly used mortgage instrument in Texas for both residential and commercial transactions. A mortgage has also been described as a grant of fee on condition of the payment of a debt.

In a deed of trust, the borrower is called the trustor and the lender is the beneficiary. The trustee holds title to the property until the trustor has fully repaid the loan to the beneficiary, at which time the lender notifies the trustee, who then transfers full title of the property to the trustor.

Texas is one of the few states that is a “deed of trust” state. While many people take out a mortgage to purchase real estate, which is a loan borrowed from a bank to finance the purchase of a home, in most states, there are only two parties named on this legal document – the lender (bank) and the borrower (homeowner).