This form is a Special Warranty Deed where the Grantors are two individuals and the Grantees are three individuals. Grantors convey and specially warrant the described property to the Grantees. The Grantors only warrant and will defend the property only as to claims of persons claiming by, through or under Grantors, but not otherwise. This deed complies with all state statutory laws.
Texas Special Warranty Deed from Two Individuals to Three Individuals
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State:
Texas
Control #:
TX-092-78
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Word;
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FAQ
It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances.If a mortgage exists, it's best to work with the lender to make sure everyone on the title is protected.
The law doesn't forbid adding people to a deed on a home with an outstanding mortgage. Mortgage lenders are familiar and frequently work with deed changes and transfers.When you "deed" your home to someone, you've effectively transferred part ownership, which could activate the "due-on-sale" clause.
Six people can be on title. It can cause a lot of problems when it comes time to sell though. If even one of the six won't sign, you have a problem. They can sign at different times and from different locations depending on the closing attorney or escrow company.
Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.
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.
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.
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.
In most cases, the surviving owner or heir obtains the title to the home, the former owner's death certificate, a notarized affidavit of death, and a preliminary change of ownership report form. When all these are gathered, the transfer gets recorded, the fees are paid, and the county issues a new title 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.