Texas Granting Clause
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How to fill out Granting Clause?
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FAQ
Special warranty deeds can be used in any situation where the person signing the deed is willing to provide a warranty of title that covers his or her own actions, but cannot or will not make any guarantees about previous owners.
The granting clause manifests the transfer of the property?stating that the current owner has granted, bargained, sold, and released, and by these presents does hereby grant, bargain, sell, and release the real estate to the new owner.
Granting Clause: The clause in the deed that lists the grantor and the grantee and states that the property is being transferred between the parties.
Usually, the habendum clause states the property is transferred without restrictions. This means the new owner has absolute ownership of the property upon satisfying their conditions (usually payment in full) and has the right to sell or bequeath the property to an heir and so on.
A Texas special warranty deed form is a type of deed that transfers Texas real estate with a limited warranty of title. The warranty of title is limited because it only covers the period when the prior owner (the person signing the deed) owned the property.
Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.
The covenant of seisin (also seizin) is a promise that the grantor owns the property and has the right to convey title. The covenant of seisin states that the property is free from liens or other encumbrances except as noted in the deed.
A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during his ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.