Texas law states a clear distinction between forged deeds and fraudulent deeds. Forged deeds are declared as void, passes no title, and are treated as null. A fraudulent deed is voidable and will be passable until set aside or struck down by the Court.
The grantor must sign the deed form and that signature must be properly acknowledged by a notary public. All signatures must be original; we cannot accept photocopies. A complete description of the property including the village, town, county and state where the property is located must also be included on the form.
When you buy a home, you need both the deed and the title; one isn't better than the other. The title is the concept of legal ownership while the deed is the document that proves ownership. Moreover, you can't have a valid house deed if you don't hold title.
A quitclaim deed is usually the weakest deed because it offers the least amount of protection. Quitclaim deeds are often used to transfer ownership between spouses or family members, while a general warranty deed is used for arm's-length transactions.
To complete a title gift transfer in Texas, identify the property, obtain and fill out a quitclaim deed, sign it in the presence of a notary, file the deed with the county clerk's office, and notify the local tax assessor of the ownership change.
Many people assume that a property deed and title are the same, but they are not. One is a document, while the other is a legal concept. When someone owns a property outright, they have both legal title and a deed. However, there are circumstances where you can have one without the other.
For a deed to be valid, it must contain several essential elements, including the operative words of conveyance, description of the property, signatures, delivery, proper formatting and execution, absence of defects and encumbrances, legal capacity of parties, proper recording, and voluntary execution.
As a general matter, no. A deed transfer is not valid unless it's delivered and accepted.