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Title Transfer Texas -Difference Between Real Estate Title And A Deed

Posted by VIP Realty on Friday, June 17th, 2022 at 1:07pm.

It is never an easy process when it comes to buying and selling a property. It will be time-consuming and hectic to deal with, but you can not act casually because it's the money you are putting at stake. You might be aware of title and deed work about property dealing; these things are not to deal with alone if you are not a professional. It is advised to get in touch with your real estate advisor. In the following article, you will get further ground knowledge about real estate terms like title and deed and other things regarding them. 

Difference Between Real Estate Title And A Deed

If we discuss deed vs. title comparison, these two are entirely different. A title is a theoretical concept that only could be converted into official documentation through a deed that shows your legit ownership of a property. With the valid Texas deed comes all the entitled rights along with it. Let's see these two factors individually for a better understanding of the difference between deed and title :

Real Estate Titles In Texas

Let's see, under the real estate titles in Texas, what rights you have:

  • Right of possession: According to the right of possession, you being the legal property owner, have the right to claim ownership of the property and anything on it. Further, it is up to you to determine whether the title includes water and minerals rights. 

  • Rights to control: You being the legal property owner, can use your property the way you want, as far as it is all under the law and the actions done do not conflict with zoning restrictions or the rules of a house owners' associations. 

  • Right of enjoyment: You have the right to enjoy the property under your possession in any way possible under the consideration of the law. 

  • Right of exclusion: As the official legal owner, you can let anyone inside your property you want. As you already have excess to all the substances inside it.

  • Right of disposition: You can give your ownership either permanently or temporarily at any time you want to, as long as there are no loans against the property under your possession.

 

Real Estate Deeds In Texas

You can do title transfer Texas with deed transfer, and the deed and title transfer go hand in hand whenever the property is transferred from one owner to another. In order to prove the legal consideration, the texas real estate deed should have the following things:

  • Legal identity proofs of both the buyer and the seller.

  • On the paper, the expression of the seller and buyers agreement.

  • Documented legal descriptions of the property and rights.

  • Signature followed by stamps on the legal documents from the grantor.

Real estate deed and title transfer process in Texas

To sell or buy property in Texas, you need to update and file all the documents so that they can be transferred on paper to the officials. Every transfer in real estate in the United States is recorded and tracked; every recorded document is filed at the county recorder's office and put into the public records. Any error in the following process can show invalidation of property transfer. 

A deed transfer happens only when:

  • You want to sell a property. 

  • If someone has been removed from the title 

  • The name under the title needs to be changed.   

For the title to be transferred, you need to prepare proper documents in writing, and then the deed should be notarized. After the paperwork, you need to file the deed with the county recorder's office in the county where the property is located. Involving a real estate attorney would assure that your deed and title transfer process is legal and protected in the selling or buying property.    

What Are the Types of Deed

There are four fundamental types of the deed, they are:

  • General warranty deed: Under this deed, legally, the property is entirely under the new owner, and they have all the rights to do anything they want. Also, no one can harm the property. The title is under someone else.

  • Quitclaim deed: Under this deed, the titleholder surrenders their rights related to the property, and also, they won't have any responsibility regarding the grantee. Quitclaim deed form texas is a general one from all the others.  

  • Special warranty deed: Under the special warranty deed, it is mentioned that the damages done to the property were already there, and the new owner won't be held accountable for that.

  • No warranty deed: Under a deed without any warranty transfers property without any warranties and paperwork. 

    Random questions related to deeds and titles

  • In this section, let's talk about some fundamental questions related to deeds and titles  that often come to people's minds.

    1. Can we transfer titles online in Texas? The answer to it is yes, Texas title transfer online can happen. Although you usually need to sign and register the documents in person for recording purposes, you can also mail it by marking the digitized version of your documents and sending it to their official websites to address.   

    2. Can you remove someone from a deed without their knowledge? You can not remove a person from any deed without their knowledge because you will need their consent and signature on the legal paper, which you can not do without their knowledge. 

    3. How to transfer ownership of a house with a mortgage? Before the property transfer, prepared documents need the written permission of the mortgage company; then, only you can transfer your property. If you transfer your property without consent, then the mortgage has the authority to shut down the property.

    4. How much is a title transfer in Texas? The transfer duty amount varies with your property value, not the selling price. Although sometimes, the selling price of the property represents the property value which makes it easier to work on further work. If the property is benignly sold within a family, the selling price could be below the actual value.

    5. How to name change in Texas? You can change your name in Texas if you are 18 or above. There will be a background check on you to check whether you have any criminal records or not, and you should be a resident of that city.

      In short:

There are many procedures regarding property selling and buying. I hope after reading this all you know the difference between house title vs. deed when it comes to property. You might have understood what they mean and how they work while doing the paperwork. Property buying and selling are not easy for all the long legal work. That is why you need to hire an attorney. Not only will it save your time but also they know their job better and legally, so you need to worry in that case. Further, keep digging to find out more regarding the subject.

 


 

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