Real Estate Attorney in The Woodlands, TX
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- Deed Preparation
- Commercial and Residential Contract Review
- Removal of Lien from Property
- Security Deposit Cases
One of the most challenging things when transferring property is deciding which type of warranty deed is the most effective. In Texas, there are four main types of deeds:
- General Warranty Deed
- Special Warranty Deed
- Quitclaim Deed
- Deed Without Warranty
There are many differences between the different types and each can greatly affect the transfer of real property. There is no standard form for deeds in Texas; however, they must contain certain statutory language to become effective. Each county requires a filing fee to file the deed in the real property records of the county that the property is located in. There is no requirement that the deed be recorded in county clerk’s real property records, however, it is highly recommended. The only actual requirement is that the deed be executed and delivered to the grantee and at that time the deed becomes effective between the grantor (seller) and the grantee (buyer).
Texas is considered a “notice” state so recording the warranty deed is always the best way to ensure the world is on notice of the deed and conveyance of the property.
It is very important to consult with an attorney when choosing which real estate deed suits you best for your desired outcome.
What is a Deed?
A deed is a written document that establishes equitable and legal title to real property. There are many different documents that are used in most real estate transactions, however, it can be argued that the deed is the MOST important document. This is the document that transfers ownership of the property from one individual or entity to another.
There is no standard form for deeds in Texas; however, they must contain certain statutory language to become effective. Each county requires a filing fee to file the deed in the real property records of the county that the property is located in. There is no requirement that the deed be recorded in county clerk’s real property records, however, it is highly recommended. The only actual requirement is that the deed be executed and delivered to the grantee and at that time the deed becomes effective between the grantor (seller) and the grantee (buyer). Texas is considered a “notice” state so recording the warranty deed is always the best way to ensure the world is on notice of the deed and conveyance of the property.
**We have listed below the various types of deeds along with information for each specific one. Each serves a different purpose depending on what you wanting to convey with respect to real property.
General Warranty Deed
A general warranty deed is the most preferred and most widely used deed in real estate transactions. It expressly warrants the entire chain of title back to the original owner of the property. It allows the buyer of the property to hold the seller responsible for any claims or defects in the title, even if the defects were created from an owner prior to the seller selling the property.
Special Warranty Deed
Special warranty deeds only warrant title defects or title issues from the Seller during the time the Seller had the property. It does not go back any further than from the point of which the seller owned the real property.
This may also be referred to as a deed without warranty as that is exactly what it is. Quitclaim deeds do not warrant any warranties. You get the property as is with no assurances or warranties from the seller regarding the property. This tends to occur most often with homes being sold when the seller knows nothing about the title or any previous owner.
Transfer on Death Deed
This type of deed is authorized under Chapter 114 of the Texas Estates Code and allows a property to be transferred to another individual upon the current owner’s passing. This was created to allow individuals an inexpensive way to allow their home to pass to someone upon their passing without the need for a will. This is not to say you should not have a will – it is simply for educational purposes as to why the deed was created in the first place. You may have more than one beneficiary listed on the transfer on death deed that you wish for your property to pass to. This type of deed must be recorded and must comply with all other formal legal requirements for a deed in Texas.
Lady Bird Deed
A Lady Bird Deed (also known as a revocable life estate deed) is a conveyance of real property that has a reservation of a life estate for the person conveying the property. The main distinction with this type of deed is that the grantor (person conveying the property) retains all rights and control over the property. The grantor may sell, mortgage, refinance, or lease the property during their lifetime without having to obtain permission from the person to whom the lady bird deed was granted to. Its main goal is to give someone an interest in a home with the current owner retaining their interest to do what they want until his/her passing. This type of deed does not have any statutory authorization like a transfer on death deed does.
Commercial and Residential Contract Review
We review and draft all types of lease agreements whether you need it for a residential or commercial purpose. We offer flat fee rates for all our contract review and drafting services. Contact us today to find out how we can help!
We offer the following services:
- Residential Lease Review
- Residential Contract Review
- Commercial Lease Review
- Commercial Contract Review
- Land Lease Review
- Land Lease Creation
We offer three different types of services with respect to contract review.
(1) Basic Contract Review – In this type of review, we will look over the agreement at a surface level for any outstanding issues and note any problem areas that should be addressed in the contract. You will receive our feedback via email for this service.
(2) Basic Contract Review plus edits – This type of review is our most popular as it includes reviewing the contract for any outstanding issues and one of our attorneys will note the issue and edit the issue to ensure it correctly resolves the issue. You will receive our feedback via email for this service.
(3) Contract Review plus negotiation – This type of review includes everything that the basic contract review includes. Additionally, we will negotiate with the other side on your behalf for any changes we have proposed or made to the contract. You will receive our feedback via email for this service. You will also receive a phone call with one our lawyers to discuss the negotiation process and contract.
Removal of Lien from Property
In order to convey marketable title to a buyer a seller must deliver marketable title to the buyer at closing. A lien is often discovered when a title company runs a search of the real property records when preparing a title commitment for a sale or refinance transaction. This can cause problems because a title company may refuse to issue a title policy until the lien is cleared or removed.
It is usually practical to first consult with the party claiming the lien to see whether or not you can receive a voluntary release of lien from that party. If that does not work, the Texas Property Code provides for both judicial and nonjudicial remedies to have the lien removed from the property.
Security Deposit Cases
Our office handles security deposit cases for both landlords and tenants. Chapter 92 of the Texas Property Code sets forth all the rules applicable to security deposits in Texas.
Texas law states that a landlord must refund the tenant’s security deposit within thirty (30) days of the tenant surrendering and/or vacating the property. If the landlord decides to retain any part of the security deposit, the landlord must give the tenant a balance of the security deposit, if any, and a written itemized statement of all deductions taken from the security deposit. The landlord is not required to refund any of the deposit or send an itemized statement of deductions until the tenant has provided the landlord with a forwarding address. It does not give the landlord the right to keep the security deposit but only extends the time period in which the landlord must return the deposit and/or provide a written itemized list of deduction. The landlord is not required to give a written itemized deduction list if (1) the tenant owes rent on the property when he vacates; and (2) there is not controversy concerning the amount owed at move out.
A landlord may not retain any portion of the security deposit for normal wear and tear on the property. If a landlord wrongfully retains the security deposit, the landlord may be liable for an amount of $100, three times the amount of the portion wrongfully withheld, and reasonable attorney’s fees in the suit to recover the deposit.
The burden is on the landlord to demonstrate that any deductions taken against the security deposit were reasonable and beyond the scope of normal wear and tear.
Contact White & Mejias, PLLC today for help with legal matters!