This form is a Special Warranty Deed where the grantor is and individual and grantee is an individual. Grantor conveys and specially warrants the described property to the grantee. The grantors only warrant and will defend the property only as to claims of persons claiming by, through or under grantor, but not otherwise. This deed complies with all state statutory laws.
Texas Special Warranty Deed - Individual to Individual
Category:
State:
Texas
Control #:
TX-026-78
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
A Texas Special Warranty Deed is a legal document used to transfer real estate property from one individual (the grantor) to another individual (the grantee). This type of deed ensures that the grantor warrants that they have not incurred any liens or encumbrances on the property during their ownership period, except for those that were disclosed in the deed. It protects the grantee from title defects that may have arisen while the grantor owned the property, but does not cover issues that may have occurred before the grantor’s ownership.
How to complete a form
Completing a Texas Special Warranty Deed involves several specific steps:
- Obtain the form from a reliable source like uslegalforms.com.
- Fill in the date of the deed.
- Enter the names and addresses of the grantor and grantee.
- Specify the consideration amount paid for the property.
- Provide a legal description of the property, often found in previous deeds or tax records.
- Include any reservations or exceptions to the warranty, if applicable.
- Have the grantor sign the document in the presence of a notary public.
After completion, make copies for all parties involved and file the original deed with the local county clerk's office.
Who should use this form
This form is suitable for any individual in Texas looking to transfer property ownership to another individual while ensuring protections against certain title defects. It's commonly used in situations where property is sold, gifted, or otherwise transferred between individuals. Users may include private property owners, real estate investors, or family members handling property inheritance issues.
Key components of the form
The Texas Special Warranty Deed consists of several crucial components:
- Date: The effective date of the transfer.
- Grantor and grantee information: Names and addresses of all parties involved.
- Consideration: The value exchanged for the property.
- Legal description of the property: A detailed description that identifies the property being transferred.
- Reservations and exceptions: Any limitations or existing rights that may affect the property.
- Signatures: The grantor's signature and notary acknowledgment.
These components ensure clarity and legality in the transaction of property ownership.
Common mistakes to avoid when using this form
While completing the Texas Special Warranty Deed, be cautious of the following common mistakes:
- Failing to include a detailed legal description of the property.
- Omitting signatures or notarial acknowledgment.
- Incorrectly stating the consideration amount.
- Neglecting to disclose any known encumbrances or exceptions.
These errors can lead to legal complications and disputes over property ownership.
What to expect during notarization or witnessing
Notarization is a crucial step in finalizing the Texas Special Warranty Deed. When notarizing:
- The grantor must appear in person before the notary public.
- Valid identification, such as a driver's license or passport, will be required.
- The notary will confirm the identity and willingness of the grantor to sign the document.
- After signature, the notary will endorse the deed and provide a notarial seal.
This process ensures the authenticity of the document and its acceptance in legal proceedings.
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How to fill out Texas Special Warranty Deed - Individual To Individual?
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FAQ
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.
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.
Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.
The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state's legal regulations, to help avert any legal challenge to the deed later.
Fill out the "grantor" section of the warranty deed. The grantors are the givers, or current owners, of the property. Use the legal name of each grantor and insert current addresses after each grantor's name.
Find the most recent deed to the property. It is best to begin with a copy of the most recent deed to the property (the deed that transferred the property to the current grantor). Create a new deed. Sign and notarize the deed. File the documents in the county land records.
Fill out the "grantor" section of the warranty deed. The grantors are the givers, or current owners, of the property. Use the legal name of each grantor and insert current addresses after each grantor's name.
Write the county where the property is located on line provided next to the words "County of" beneath the words "The State of Texas." Write the name and address of the grantor on the lines provided after the words "Know all men by these presents, That I."