Today let’s talk about the different types of deeds in Texas. Quitclaims, Special warranty deed, General Warranty? Changing Title deeds after divorce is important, The last thing you want to do is to go through a divorce and still have your name on the mortgage or worse, give your rights away to the marital home before you get your name off the loan.
We cover both who is Grantor and Grantee.
What is a Mortgage vs the Deed?
What Type of Deed to Sign During Divorce in Texas?
SPECIAL WARRANTY DEED
Grantors who do not feel comfortable granting a general warranty deed can use a special warranty deed. Unlike a general warranty deed, a special warranty deed only warrants that title is free and clear from any other claims for the duration of the grantor’s ownership. No protection is offered for claims arising prior to the grantor’s ownership.
It is important to know that a Warranty Deed is not a warranty of property condition, but rather a warranty of title. As a result, the seller is promising that there are no liens on the property. The seller does not guarantee the foundation, plumbing, roof, and other items of the property are in good condition. The deed must contain a special clause if the seller wants to sell the property “AS IS”.
The use of a Special Warranty Deed is recommended only if the parties know, such as in a divorce situation, and if a title company has conducted a title search to verify the seller owns the property.
According to Texas law, the last major deed isn’t really a deed at all. Quitclaims don’t actually convey anything. This is more of a release-the signer relinquishes all claims to title to the transferee. In most cases, however, quitclaims are given little to no credence since the grantor may not even own the property.
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