Warranty Deed Vs Deed Of Trust In Collin

State:
Multi-State
County:
Collin
Control #:
US-00186
Format:
Word; 
Rich Text
Instant download

Description

This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.

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FAQ

While a traditional warranty deed involves a grantor and a grantee, a deed of trust includes three parties. These are the lender (the beneficiary), the borrower (the trustor) and the trustee, a third party that might be a title company.

A General Warranty Deed offers the most comprehensive protection to the buyer. It assures that the seller has legal title to the property and defends against any past, present, or future claims on the property. Think of it as the “gold standard” of deeds in Texas.

The key difference between the two is that with a warranty deed, the grantor is guaranteeing that they will defend the title of a property, in the present and in the future. This leaves an opening for the grantee to sue the grantor if any issues with the title arise, at any point in time.

A warranty deed does not actually prove ownership of a property. The best way to establish ownership is through a title search, which examines public records to determine if any liens, third-party claims, or other issues could affect ownership.

The buyer, or grantee, of a property benefits the most from obtaining a warranty deed. Through the recording of a warranty deed, the seller is providing assurances to the buyer should anything unexpected happen.

It is also important to understand that in Texas, a valid deed must be drafted by an attorney. Simply writing up a deed on your own and having it notarized does not make the document legally binding.

It also includes operative words or phrases that signal the intent to transfer ownership from grantor to grantee. For example, phrases such as “convey” or “grant” are regularly used. Finally, a warranty deed in Texas must feature a signature from the grantor and should undergo notarization by a notary public.

How to fill out warranty deed texas: Begin by obtaining the correct form for a warranty deed in Texas. Fill in the necessary information on the form, including the names and addresses of both the grantor (current owner) and the grantee (new owner). Provide a detailed legal description of the property being transferred.

A traditional deed simply transfers the ownership of a property from one party to another (in other words, the seller to the buyer.) Whoever legally holds the deed is the rightful owner of the property. A warranty deed, on the other hand, contains special assurances that the seller makes to the buyer.

A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.

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Warranty Deed Vs Deed Of Trust In Collin