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What Is a Special Warranty Deed in Texas?
A special warranty deed is a type of deed used in Texas to transfer property ownership from a seller (grantor) to a buyer (grantee). Unlike a general warranty deed, which guarantees that the seller owns the property and has the right to sell it, a special warranty deed only guarantees that the seller had not done anything during their ownership of the property to harm the title but does not guarantee anything that happened before they owned it.
How To Fill Out the Texas Special Warranty Deed Online
If you need to fill out a Texas special warranty deed form online, you can follow these steps:
- Visit a PDFliner website where Texas special warranty deed free downloads for free.
- Obtain a special warranty deed Texas template form.
- Identify the parties involved, including the grantor (seller) and grantee (buyer), as well as any additional parties such as mortgage lenders or guarantors.
- Fill in the legal description of the property, which should be included in the original deed.
- Insert any relevant terms or conditions of the sale, such as the purchase price and any contingencies.
- Have the grantor sign and date the deed in the presence of a notary public.
- File the completed special warranty deed form Texas with the county clerk's office.
What Should the Texas Special Warranty Deed Include
A special warranty deed in Texas should include several important details, including:
- The name and address of the grantor (seller) and grantee (buyer).
- A legal description of the property can typically be found in the original deed.
- A statement indicating that the grantor is conveying the property to the grantee.
- Any special terms or conditions of the sale, such as the purchase price or contingencies.
- A statement indicating that the grantor is warranting the title only against defects that arose during their ownership of the property.
- The date and signature of the grantor should be notarized.
- The signature of the grantee is not typically required but may be included.
When to Request the Texas Special Warranty Deed Form
A Texas special warranty deed form should be requested whenever a property owner wishes to transfer ownership of their property to another party. This can occur in a variety of situations, including:
- Selling a property to a new owner.
- Transferring ownership to a family member.
- Gifting property to a charitable organization.
- Transferring ownership to a trust or other legal entity.
- Dividing ownership among multiple parties.
In any of these situations, a special warranty deed can legally transfer ownership of the property and protect the buyer from any defects in the title that may have arisen during the seller's ownership of the property.
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Fillable online Texas Special Warranty Deed