A Texas special warranty deed conveys real estate to a purchaser (grantee) and asserts that there are no third-party claims from the seller’s ownership period. If claims made after the title’s last conveyance become known after the deed is recorded, the grantor must make good on the deed’s warranty and defend the title; however, issues from before the grantor’s ownership are not warranted. As such, this instrument is used by grantors disinclined to resolve another’s encumbrances, for example, a bank conveying a foreclosed property or an estate administrator conveying a decedent’s title.
- Statutes: Chapter 5 – Conveyances
- Formatting: § 191.007, § 11.002, § 11.003, § 11.008, § 12.0011
- Signing Requirements (§ 12.001(b)): Notary Public or Two (2) Witnesses
- Where to Record: County Clerk’s Office
- Recording Fees (§ 118.011(2)): $5 for the first page + $4 for each additional page.
- Property Disclosure Statement (§ 5.008): Used to document a property’s physical state and defects.