A deed is a legal document that is signed and delivered, especially when regarding the ownership of property or legal rights. You can transfer ownership with that piece of paper.
A buyer needs a real estate deed because he or she is buying a property that the seller, who is a necessary party, is selling. The seller must have a good title to sell to the buyer and the buyer must be capable of receiving the property.
Basically, it is the seller, the buyer, and a trustee, if there is a note or a mortgage on the property. You also need a notary to certify or swear that the buyer and the seller are who signed the document.
Only the seller has to sign the deed. The buyer or the receiver of the property is receiving something, so they have paid considerations for the property, and they do not have to sign it.
A lawyer is best to create a deed because he or she has the knowledge and the experience to make sure the property is transferred legally and without any question. A non-lawyer can produce the document but must know what he or she is doing, because you have no remedy against a regular person who has drafted a document.
A real estate deed is used to pass title, or ownership, to property.
There are many different types of real estate deeds. There is a special warranty deed, a plain deed, a general warranty deed, a quick claim deed, a contract for deed, a transfer on death deed and a gift deed. The quick claim deed is not used very much is because title companies don’t like them. They feel they do not have all the special language that a special or general warranty deed has. I would suggest not using quick claim deeds in Texas.
We must have a date, a seller’s name and address, a buyer’s name and address, the legal description, the sales price, the payment amounts, and the schedule of those payments. Some deeds have a list of exceptions to the title if there are any, any easements if there are any, and then we have the signatures of the seller and the notary. The deed must be in writing and the person transferring the ownership must have a legal capacity to transfer title. The one receiving the property, or the grantee, must have the legal capacity to receive the property.
Once all the signatures have been obtained, the complete document must be recorded and/or filed in the county clerk’s office of the county where the land is found.
Each real estate deed is an individualized document, so you cannot go into a store and buy a deed that suits all your needs. If you do not know what you are doing, you might not be able to fill them incorrectly. Or, you might just leave them blank. Any of these important items, if wrong or left out could be a “fatal flaw” to the deed. A fatal flaw could prohibit the proper passing of title. An attorney would know how to ensure a good title.
For more information on Real Estate Deeds In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 845-9330 today.
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