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The main difference between a warranty deed and a quitclaim deed in Texas lies in the guarantees offered. A warranty deed guarantees that the grantor holds a clear title and is legally entitled to transfer it, while a quitclaim deed offers no such assurances. Essentially, the quitclaim deed transfers whatever interest the grantor has, if any, without warranties. Understanding the implications of the Collin Texas Disclaimer and Quitclaim of Leasehold Interest can help you decide which deed suits your needs.
(1) Giving up an ownership claim to property. (2) Renunciation of a claim to real property.
A Texas quit claim deed is a two-page document that allows property to be transferred from a seller (the grantor(s)) to a buyer (the grantee(s)).
Wisely, TLTA put forth a specific solution. Four years after the recording of a quitclaim, a lender or a potential buyer is protected, and no longer deemed to have notice of unrecorded transactions.
The disclaimer deed is a legal document that has legal consequences. Further, the disclaimer deed will clearly state that the spouse signing it is waiving (disclaiming) any interest in the house being purchased.
Quitclaim Deeds in Texas While quitclaim deeds are legal in all 50 states and used commonly in most of them, Texas is an outlier. The route of the problem is a single section of the Texas property code, which essentially states that unrecorded title transfers in the past are binding to subsequent purchasers.
Code Section 13.002. Signing - According to Texas Law (Section 11.002(c)), a quitclaim deed must be signed by the Grantor, along with two signing witnesses, or it may be notarized by a Notary Public. Recording - Once the document has been witnessed or notarized, it must be filed with the County Clerk's Office.
Quitclaim deeds can't be reversed, but a new quitclaim deed can be issued to transfer the rights back.
A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property.
Code Section 13.002. Signing - According to Texas Law (Section 11.002(c)), a quitclaim deed must be signed by the Grantor, along with two signing witnesses, or it may be notarized by a Notary Public.