The completed deed must be signed by the grantor, notarized, and filed with the county clerk where the property is located.
Contents |
Types (6)
Bargain and Sale Deed – This deed guarantees the grantor’s right to transfer ownership but makes no promises as to whether the title is free from liens and encumbrances.
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Deed of Trust – An agreement under which a borrower (the grantor) conveys ownership to a trustee. The trustee retains ownership of the property until the borrower pays back a loan to a lender.
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Quit Claim Deed – A deed wherein protection or guarantees from title defects is not required (often employed in transfers between family members).
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Special Warranty Deed – Provides a guarantee that there are no claims or liens from the grantor’s period of ownership, but provides no such guarantee regarding previous ownership.
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Transfer on Death Deed – Used to name a beneficiary who will receive the property title upon the owner’s death.
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Warranty Deed – Guarantees a purchaser of real estate that the title is clear of liens and encumbrances. This document is also referred to as a “general warranty deed.”
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Laws & Requirements
- Statutes: Chapter 93 (§§ 93.010 to 93.990)
- Formatting: § 205.232, § 205.234, § 205.236, § 93.040, and § 93.260
- Signing Requirements (§ 93.410): Notary Public (or other authorized official)
- Where to Record (§ 205.130): County Clerk
- Recording Fees (§ 205.320(d)): $5 per page
- Property Disclosure Statement (§ 105.465(2)): To be provided by a seller to a buyer prior to finalizing a real estate sale. The statement is used to disclose any adverse defects that may deter a potential buyer.