Warranty Deed Texas: Fill & Download for Free

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PDF Editor FAQ

Can the title of my house in TX be held up if buyer refuses to sign the cancellation amendment for my house resale contract?

You were given title to your home via a warranty deed. That deed was recorded to assure your ownership. At closing you will give the buyer a new warranty deed - not the one you received. You and anyone else on the deed will have to sign the new deed and you will only do so after you have received your funds. I do not know anything about the sales contract to purchase your home and any conditions that might effect what you want to do. But should the two of you come to an impasse, the purchaser could take action to put a lien on your home preventing you from selling it to someone else until the lien (cloud) is resolved.If the purchaser is truly in default, you can ask to be unilaterally released from the contract- via the contractual language and demand any earnest money the purchaser made be given to you.I live in Michigan and I’m not an attorney and I’m giving you my interpretation of your situation based on Michigan law. Please consult an attorney licensed to do business in Texas.

Can a divorced wife, who is a successor in interest that is not on the mortgage loan, refinance the loan?

Yes. If you received the house in the divorce, you will either need a Warranty Deed from the x, or file the divorce decree in the real property records. This would be true in TX. Texas is s Community Property Stare. If you are in another country or state that is not a community property state, there maybe some other things that need to be done, but this is fairly standard from my experience.

Does a warranty deed include mineral rights?

Let’s understand what are warranty deeds and mineral rights.A warranty deed grants clear title to the property buyer. It warrants that everything regarding transference, ownership, and the characteristics of the property are correct and accurate.Mineral rights are the rights to exploit an area (typically underground) for the minerals it contains.Property ownership can be split between surface ownership and ownership of the mineral rights beneath the surface.A warranty deed guarantees clear title to a piece of real estate. Mineral rights add complexity to a warranty deed because mineral rights can be, and often are, separated from surface real estate.The warranty deed specifies that the grantor of mineral rights has clear title, demonstrating that there are no liens, or covenants on the rights. When the deed title is transferred the warranty ensures the grantee clear rights to develop and produce the mineral resource.Mineral rights grant the holder the right to develop mineral resources, oil and gas, often at a profit. As such, mineral rights are valuable real property. A title deed is used to transfer mineral rights; the warranty guarantees that the person transferring the rights, the grantor, has clear title.In some countries mineral rights are severed from surface rights. Sometimes, the government retained mineral rights while selling surface real estate. Other times, private parties severed rights granting another entity the right to develop the mineral resource. All mineral right transactions rely on a deed. Several transfers of mineral rights, often in rural areas, may have occurred over time confusing title to the property.Ref: Texas Warranty Deed Including Transfer of Mineral Rights

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