Texas Special Warranty Deed
County Forms
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A special warranty deed can be used in Texas to convey title to real property. Special warranty deeds in this state will contain both express and implied warranties. A special warranty deed in Texas only warrants against defects, liens, and encumbrances arising by, through, or under the grantor. Even if a conveyance does not have express covenants of warranty, the words "grant" and "convey" will imply only the following covenants from the grantor: (a) That prior to the execution of the conveyance, the grantor has not conveyed the estate or any interest in the estate to any person other than the grantee and (b) that at the time of execution of the conveyance, the estate is free from any encumbrances (5.023).
A real property instrument, such as a special warranty deed can be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law (12.001). Original signatures are required. The failure of a notary public to attach an official seal to an acknowledgment or other proof taken in a state other than Texas will render the acknowledgment invalid only if the jurisdiction in which the acknowledgement is taken requires the notary public to attach a seal (12.001d).To be effectively recorded, an instrument relating to real property must be eligible for recording and must be recorded in the county where the property, or a part of the property, is located (11.001).
Recording an instrument is necessary to provide constructive notice. When a special warranty deed has been properly recorded in the county where the property is located, the instrument is deemed to impart constructive notice of the contents to all persons. Additionally, the instrument will be part of the public records and is open to inspection (Sec. 13.002). A special warranty deed will be void as to a creditor or subsequent purchaser for a valuable consideration without notice unless the deed has been acknowledged, sworn to, or proved and filed for record (Sec. 13.001). Unrecorded special warranty deeds are binding on the parties to the instrument, on the parties' heirs, and on a subsequent purchaser who does not pay a valuable consideration or who has notice of the instrument (Sec. 13.001c).
(Texas Special Warranty Deed Package includes form, guidelines, and completed example)