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Texas Special Warranty Deed Form

Texas Special Warranty Deed Form

Updated April 12, 2024

A Texas special warranty deed transfers ownership of real property with the limited guarantee of clean title during the grantor’s period. The grantee will be responsible for any claims against the property prior to the grantor’s ownership. This can be resolved by performing a title search to discover any outstanding liens, claims, or encumbrances.

Laws

  • Statutes – Title 2, Chapter 5 – Conveyances
  • Recording –  Register’s Office in the county where the property is located. County Clerk’s Office.[1]
  • Signing – Must be authorized with the Grantor(s) in front of Two (2) Witnesses or a Notary Public before being recorded.[2]
  • Required Language – In uppercase letters and at least 12-point boldfaced font the following must be on all deeds filed in Texas:[3]

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.

How To Write

Download; PDF, MS Word, OpenDocument

I. Texas Document Preparation

(1) Preparer Of Texas Conveyance. The name of the Party inputting information on the Texas real property transfer this document discusses must be supplied to the first line while his or her business address should be dispensed to the remaining lines of the first section.

II. Predetermined Deed Recipient

(2) Recorded Document Recipient. The Texas County Recorder can only release this paperwork after it is filed with the state to a Party that is authorized through the Texas Grantor signature that places this instrument into effect. Furnish the full name and the complete mailing address of this Predetermined Recipient in the second section of this instrument’s header.

III. Texas Real Property Seller

(3) Name Of Texas Real Property Grantor. The Texas Real Property Seller issuing this deed must be named as the Texas Grantor holding current ownership over the concerned real estate and the intent to release this real estate to the Grantee. Identify the Texas Real Property Seller as the Property Grantor in this deed with a record of his or her full name. All the Owners of the Texas real estate who intend to participate in this form must be identified in this statement as the Texas Grantor.

(4) Address Of Texas Grantor. The entire home address of the Texas Real Property Grantor (the Seller of Texas Property) must be distributed across the next three lines with an entry for his or her street address (the building name, the number or name of the street, and the apartment or unit number), his or her County (of residence), and his or her home State.

IV. Submitted Consideration For Texas Property

(5) Payment Received By Texas Grantor. The payment that was required by the Grantor so that he or she will transfer the ownership held over the Texas real property must be reported in its written form.

(6) Confirmation Of Received Payment. The payment submitted to the Texas Property Grantor requires confirmation. Since it will be assumed that this payment is received, it will be crucial to this document that the exact amount the property was released for is confirmed. Reproduce it by delivering it numerically.

V. Grantee Of Texas Real Property

(7) Texas Grantee Name. The Party this deed shall entitle to the current Grantor’s ownership of the real property will have to be named before the Texas Grantor signs this document. Produce the full name of the Person the Texas Grantor will release the property to. This will be considered the Texas Grantee. if there will be more than one Party who should be allowed to use this deed to claim ownership over the concerned property, then report the name of each one.

(8) Texas Grantee Address. The Texas Grantee or Grantees being named as the new property owners by the Grantor will require further identification in this paperwork. Each one must have his or her home address supplied along with his or her legal name. The three spaces following the Grantee’s name must therefore be furnished with his or her full street address (including unit number), the name of the County, and the State of his or her home or residential address.

VI. Texas Property Description

(9) County Of Texas Property. Now that both the Texas Grantor and Grantee have been identified with their names and addresses, it will be time to address the real property being discussed. Start this discussion by entering the complete name of the Texas County that the property is located in.

(10) Required Property Description. It will be crucial that the real property the Texas Grantor releases here is properly defined. To this end, the legal description that was last filed for this property by the concerned Texas County Recorder must be dispensed to this document. This may be found in the books held by the Texas County Recorder or on the last deed issued.

VII. Texas Grantor Signature Execution

(11) Signature Requirement. The Texas Grantor that owns the above property until this document is executed must sign it in order to place it in effect. This is the only action the Texas Grantor can perform to issue the conveyance of the Texas real property therefore, this act must be witnessed by an appropriate Party. After gathering either two Witnesses or a Notary Public, the Texas Grantor must sign his or her name. Keep in mind that the Texas County Recorder’s Office where this paperwork is filed will only accept this document if it can be shown that the Texas Grantor’s signature was properly witnessed or notarized.

(12) Texas Grantor Name. The signature process each Texas Grantor must satisfy includes submission of his or her printed name.

(13) Texas Grantor Address. Finally, the Texas Grantor(s) executing this paperwork, must supply his or her home address, then give it to the two Witnesses or the Notary Public attending this action.

VIII. Proof Of Texas Grantor Action

(14) Texas Witness Action. In addition to the Texas Grantor’s act, the Witnesses who have watched him or her execute this deed will also sign it. By signing their names to this testimonial, each Witness will attest to the fact that the (to the best of their knowledge) Texas Grantor signed this form. Additionally, both Witnesses must support their testimonial signatures by printing their names and addresses below their respective signatures.

(15) Authentication Through Notarization. If the Texas Grantor has decided to verify his or her identity by signing with a Notary Public, then the Notary Public will complete the final part of this area. He or she shall report on the identity, location, and date of the Texas Grantor’s signing of this document.

Sources

  1. V.T.C.A., Property Code § 11.001
  2. V.T.C.A., Property Code § 12.001
  3. V.T.C.A., Property Code § 11.008(c)