law dictate five requirements for a valid deed. It must: • be in writing, • be subscribed (signed by the grantor at the end of the document), • include the grantee’s name, •contain the legal description of the property and • be delivered to and accepted by the grantee. Not all deeds qualify for record-ing. Although a deed may effec-
A durable power of attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded, including a release, assignment, satisfaction, mortgage, including a reverse mortgage, security agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or other mineral lease, memorandum of a lease, lien, including a home …
The reference must state: (1) that the master form is recorded in the county in which the instrument is offered for record; (2) the numbers of the book or volume and first page of the records in which the master form is recorded; and. (3) a definite identification of each provision being incorporated.
addresses the deeds commonly used in Texas. RECORDING A DEED IS NOT A NECESSITY There is no requirement that a deed be recorded in the county clerk's real property records in order to be valid. The deed only needs to be executed and delivered to the grantee. At that time, the transfer is fully effective between grantor (seller) and grantee (buyer).
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.
If signed in Texas, the acknowledgment must be before a notary public, district court clerk, or the judge or clerk of a county court. ... of land, the record must reflect the grantee's name and the county where the land is located. Once a deed is acknowledged, it should be filed in the county where the land is located.
If a deed is not recorded, then the grantor could sell the land to a second grantee. In that case, the second grantee would get to keep the land if they were the first to record their deed and did not have actual knowledge of the deed to the first grantee.Oct 26, 2021
5.008(a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all ...
Texas County ClerkThe Texas County Clerk performs duties that in most other states are divided among two or more officials. The clerk is the county recorder and as such accepts for filing and recording a wide variety of documents from deeds to marriage licenses to cattle brands.
The Deed of Trust must be in writing, signed by the property owner, and filed in the County Clerk property records. The Deed of Trust should describe the loan amount, name a Trustee, and describe the collateral securing the loan. A correct legal description of the property is essential for a valid Deed of Trust.
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 ...
Void Deeds Fraud. Any time a deed is forged, that deed becomes void, considered null ab initio, from the beginning. It cannot be registered, and its intended function as a conveyance of property is completely inoperable and unenforceable. Simply making a claim is not sufficient to render it void, however.Oct 4, 2021
A Texas quitclaim deed form is a specific type of deed that releases whatever interest is owned by the person signing the deed. The person that signs the deed does not guarantee that he or she owns or has clear title to the real estate described in the deed.
(a) An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law. Words previously necessary at common law to transfer a fee simple estate are not necessary.
Because the Deed of Trust basically "shares" ownership between the borrower and the lender's trustee, and because Texas is a community property state, both the borrower and the spouse (even if they are not on the mortgage note) must be on the Deed of Trust.
The Texas Property Code requires that most home sellers fill out a Seller's Disclosure form. The purpose of the form is to disclose any issues with the house you are selling that you are aware of and give the potential buyers information and a historical account of your home.
A deed is by far one of the most important documents in any Texas real estate transaction. It is a seemingly short document, usually only one to two pages long, that is crucial to any real estate transaction regardless of size.
Typically, deeds in Texas do not show the actual purchase price of the property. It is customary to state that the consideration for the deed is “ten dollars and other valuable consideration.” This is purely for confidentiality reasons—recording a deed gives the public notice that a transaction occurred, but you don’t necessarily want the public to know exactly how much you paid for the transaction.
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. Although recording a deed isn’t a requirement, it is best to record the deed in order to give notice to everyone and protect yourself in the event that a seller tries to convey the property twice. If you are using a title company to convey property, the title company will definitely record the deed in order to make insuring chain of title an easier more efficient process.
Fraudulent deeds are void. Action must be taken in order to establish that the deed is fraudulent. A county clerk should take action if there is “a reasonable basis to believe in good faith that document or instrument previously filed or recorded or offered or submitted for filing or for recording is fraudulent.” See Texas Government Code Section 51.901. The aggrieved party may file an affidavit that includes the property’s legal description, send a copy of the affidavit to the perpetrating party, and demand that the fraudulent deed be cancelled.
trustee’s deed is delivered by a lender’s trustee to the successful bidder at a foreclosure sale. The lender bids the amount of the debt (plus accrued fees and costs) and acquires the property. If the sale generates proceeds in excess of the debt, the trustee must distribute the excess funds to other lienholders in order of seniority and the remaining balance, if any, to the borrower. Prop. Code 51.009 states that a buyer at a foreclosure sale “acquires the foreclosed property ‘as is’ without any expressed or implied warranties, except as to warranties of title, and at the purchaser’s own risk; and is not a consumer.” Even with these limitations, a foreclosure deed is probably the cleanest title obtainable, even though it does not eliminate taxes owed.
deed without warranties is a conveyance of real property without warranties, express or implied, as to any matters whatsoever. This is a sample of a no-warranties conveyance clause: "Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee´s heirs, executors, administrators, successors, and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successor) are excluded."
Co–ownership in Texas is presumed to be as “tenants in common,” which means that the heirs of each owner will inherit that owner’s respective interest upon death. The decedent’s interest passes vertically. This is contrasted with “joint tenancy with rights of survivorship”, which provides that a co–owner will inherit the other co–owner’s interest upon death.
“As is” refers to the condition of the property rather than the condition of the title. In other words, an "as is" deed may also be a warranty deed – the two are not mutually exclusive. Express and implied warranties of title may be present; however, there are no warranties made as to the state or condition of the land or any improvements upon it.
The term “warranty deed” is used to refer to a deed that contains both express and implied warranties. A general warranty deed is the preferred form of deed for a buyer because it expressly warrants the entire chain of title, all the way back to the sovereign, and binds the grantor to defend against any title defects, even if those defects were created prior to the grantor´s period of ownership. The following is a sample general warranty clause:
Title to the property can be transferred even if money is owed to a lender. Title and debt are different concepts. A “subject to deed” refers to acquiring title to property while expressly providing that the buyer assumes no liability for existing debts and liens.
Texas Property Code, Chapter 202 . This chapter discusses “restrictive covenants” in general, their construction, and their enforcement. It lists certain restrictions that are prohibited by law and also contains a provision related to an association's duty to file dedicatory instruments with the county. Texas Business Organizations Code, Chapter 22.
In addition to being a wonderful cataloging of Texas law, it contains many sample documents such as meeting notices, requests to inspect books and records, notices of fines and liens, and more.
As part of the home-buying process, you can request that the property owners' association give you a copy of the bylaws, rules, and restrictive covenants of the association and a "resale certificate," which summarizes the finances of the association and any outstanding money owed by the property.
Texas has some unique requirements for granting power of attorney that you need to know before setting yours up. A power of attorney or POA can enable you to engage in financial transactions when you can't be present to sign documents.
General power of attorney. This gives the agent authority to act in a broad range of matters. Limited or special power of attorney. This gives the agent authority to act in a limited way, such as to engage in a specific transaction or for a limited period of time. Durable power of attorney.
By its very nature, a springing power of attorney is also a durable power of attorney. Medical power of attorney. This gives the agent the authority to make medical treatment decisions for you if you become mentally or physically unable to make your own decisions. By its very nature, a medical power of attorney is both durable and springing.
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