This Memorandum and Notice of Option Agreement is for recording in the official records in order to provide notice that an Option to Purchase exists on a certain parcel of real estate. It is used in lieu of recording the entire Option Agreement.
Texas Notice of Option for Recording
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Description Texas Notice Recording
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Is An Unrecorded Deed Valid
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FAQ
The purpose of recording a document is to provide a traceable chain of title to the property (chain of title is evidence that a piece of property has validly passed down through the years from one owner to the next).
13.001(b) specifically provides that, The unrecorded instrument is binding on a party to the instrument, on the party's heirs, and on a subsequent purchaser who does not pay a valuable consideration2026" In short, the Texas Property Code states that an executed and delivered deed is binding on the parties to the deed (
TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. Publicly taking note or acknowledging the claim of another person with regard to real estate, such as the filing and recording of a deed.
In the first instance, if your deed is not recorded, there is nothing in the public record to stop the seller from conveying the property to another person.The second situation could happen if your seller fails to pay his or her debts and the seller's creditors file liens or judgments against your property.
Title deeds do not have to be recorded. Recording is filing them in the county recorder's office and if recorded, the title deed acts as defacto notice to all third parties as to ownership in the property.
TEXAS IS A NOTICE STATE As mentioned above, conveyances and agreements concerning real property must be in writing to be enforceable between the parties to a transaction.
1. C Explanation: Recording an instrument provides constructive notice to the public of the interest set forth in the recorded instrument. 2. A Explanation: A corporate seal may be added where a corporation is grantor, in order to indicate that the person who signed had authority to sign on behalf of the corporation.
Failure to record a deed effectively makes it impossible for the public to know about the transfer of a property. That means the legal owner of the property appears to be someone other than the buyer, a situation that can generate serious ramifications.
There are three basic kinds of statutory schemes in recording acts: race, notice, and race/notice. Even though a recording act does not require recordation, the law does create strong incentive for a buyer to record.