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Texas Special Warranty Deed

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STATE OF TEXAS
SPECIAL WARRANTY DEED
[LLC to Individual]

Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.

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These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Texas. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

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Special Warranty Deed Page 1 of 3

Prepared By and After Recording Return to:

Send Tax Statements to Grantee (Name and Address):

--------Above This Line Reserved For Official Use Only--------

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

SPECIAL WARRANTY DEED

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, express or implied, does or shall exist , a Limited Liability Corporation organized and existing under the laws of the State of , hereinafter “Grantor”, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL AND CONVEY unto , hereinafter “Grantee”, all that certain tract or parcel of land lying and being situated in the County of , City of , State of Texas, and more particularly described as follows, to-wit:

INSERT DESCRIPTION OR ATTACH AS EXHIBIT

Special Warranty Deed Page 2 of 3

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

This conveyance is FURTHER MADE AND ACCEPTED SUBJECT TO the following:

1.

2.

AND THE SAID Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of persons claiming through or under Grantor, but against no other claims or encumbrances of any kind.

WITNESS Grantors’ hand and seal on this the day of , 20 .

By:

Its:

Attest:

Special Warranty Deed Page 3 of 3

STATE OF TEXAS

COUNTY OF

This instrument was acknowledged before me on (date) by (name of representative) as (title of representative) of (name of entity or person represented).

My commission expires:

Notary Public

Type or Print Name

Grantor(s) Name, Address and phone:

Grantee(s) Name, Address and Phone:

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What the Texas Special Warranty Deed Is and When it Applies

A Texas Special Warranty Deed is a conveyance document used to transfer real property in which the grantor warrants only against defects or claims that arose during the grantor's period of ownership. It does not promise against defects originating before the grantor's ownership. The deed must include an accurate legal description, identification of the parties, consideration recited, and a proper notarized signature to be recordable in Texas county records.

Why parties choose a Special Warranty Deed in Texas

The Special Warranty Deed limits the seller’s liability to matters that occurred while they owned the property, reducing exposure compared with a general warranty. It preserves many of the protections buyers need while giving sellers narrower post-closing obligations — a common balance for commercial conveyances and sales involving corporate sellers or trustees.

Why parties choose a Special Warranty Deed in Texas

Who typically prepares and uses this deed

Typical users include sellers, buyers, title companies, and attorneys involved in Texas real estate conveyances.

  • Buyers and investors conducting purchase transactions who accept limited seller warranties while obtaining title insurance.
  • Sellers and entities disposing of property who want to limit warranty exposure to their period of ownership.
  • Title companies and closing attorneys handling recording, escrow and title insurance issuance.

Use by each party should align with contract terms, title exceptions, and any lender requirements to ensure the deed meets closing and recording conditions.

Core parts of a professionally prepared Texas Special Warranty Deed

A complete deed is concise but precise; it contains the legal description, grant language, exceptions, signature and notarization, and reference data for recording and title search.

Grant Clause

Clear present conveyance language transferring title and stating the limited warranty scope against defects arising during grantor's ownership.

Legal Description

Full metes-and-bounds or recorded lot-block-tract text exactly matching county records to ensure the deed is recordable and searchable.

Consideration

Statement of consideration (dollar amount or recital) used for record and tax reporting; must avoid vague phrasing to prevent ambiguity.

Exceptions

List any easements, covenants, reservations, or survey matters excluded from the warranty; essential for accurate title commitments.

Signature Block

Grantor signature with printed name and capacity (individual, trustee, corporate officer) plus the date of execution.

Notary Acknowledgment

County-specific acknowledgement wording and notary signature/seal required for recording in Texas county clerk offices.

Required data elements at a glance

Grantor Name: Legal name
Grantee Name: Legal name
Property Description: Full legal
Consideration: Amount or recital
Execution Date: MM/DD/YYYY
Notary Acknowledgment: County/State

Step-by-step: filling out and executing the deed

Follow these steps in order to complete execution, authentication, and delivery for recording in Texas.

  • 01
    Prepare Draft: Populate names, legal description, and grant language.
  • 02
    Review Exceptions: Confirm easements and title commitments before signing.
  • 03
    Sign and Notarize: Grantor signs before a Texas notary; attach acknowledgment.
  • 04
    Deliver and Record: Submit to county clerk with required fees and transfer documents.

How to configure an online signing workflow

Set up fields and signer order to match closing procedures; include notarization and delivery steps when using e-signature platforms.

Field Configuration
Upload Document Use PDF/A for recordable output
Place Signature Fields Assign signature and date fields to grantor(s)
Add Notary Block Include separate block for notary acknowledgement
Signer Authentication Use email + SMS code or stronger KBA where required

Where the deed goes after execution

After signing and notarization, the deed must be delivered to the appropriate parties and recorded with the county clerk where the property is located.

  • Title Company: Receives copy for closing and issues title policy.
  • Lender / Servicer: Receives recorded deed if mortgage recording required.
  • Buyer / Grantee: Receives original or recorded copy for closing file.
  • County Clerk: Records deed in real property records for notice.

Digital signing and file-format considerations

Use platforms and formats that preserve metadata, support notarization workflows, and output recordable PDFs.

  • File Formats: PDF/A or PDF recommended for county recording
  • Integrations: Connect to title or escrow systems via API integrations
  • Authentication: Email + SMS or stronger identity proofing for evidence

Ensure the chosen platform captures an audit trail with timestamps and signer attribution; confirm exported documents meet county clerk requirements for recordable deeds.

Timing and recording expectations

Timely recording protects priority and public notice; start the recording process promptly after closing to preserve lien priority and avoid title disputes.

Record Promptly:

Record as soon as practicable after closing to establish priority.

Tax Reporting:

Consider recording date for possible documentary transfer tax obligations.

Notary Requirements:

Notary must use in-state acknowledgement language for Texas recording.

RON Retention:

If notarized remotely, audio-video record retention laws may apply.

Title Insurance:

Policy effective date often tied to recording or closing date.

Common preparation and recording mistakes to avoid

  • Using an incomplete or imprecise legal description that prevents county clerk recording and triggers rejections or survey requirements.
  • Failing to identify the grantor’s signing capacity (e.g., trustee or corporate officer), which can invalidate conveyance or require supplementary authority documents.
  • Not verifying exceptions listed in the title commitment; undisclosed easements or judgments can remain attached to the property.
  • Skipping a proper notary acknowledgement or using incorrect county/state wording, which counties often refuse to record.

Risks and consequences of incorrect or omitted deed details

Recording Rejection: Document returned
Title Defect: Uninsured prior claims
Loss of Priority: Later recorded liens prevail
Tax Exposure: Transfer tax or disclosure issues
Litigation Risk: Costly quiet-title suits
Insurance Gaps: Title policy exceptions remain

Supporting documents and export options to include

Attach common supporting records and use recordable file formats so county clerks and title underwriters can process the transaction efficiently.

Supporting Exhibits

Attach survey, legal description exhibits, and any deed-of-trust or release instruments required for title clarity and recording.

Recorded Format

Export as PDF/A or standard PDF compatible with county clerk electronic recording systems for best compatibility.

Certification

Provide notarized acknowledgements, corporate resolutions, and authorization documents where signers act in representative capacity.

Title Commitment

Include current title commitment showing exceptions, which the title company uses to issue insurance and identify required endorsements.

Who may sign and their authority

Grantor (Seller)

The individual or authorized entity representative transferring title; if acting for a corporation, include officer title and attach corporate resolution evidencing authority to execute deeds.

Grantee (Buyer)

The recipient of title who should be named exactly as intended on title insurance and subsequent property tax and assessment records; trust or entity designations must be precise.

Key milestones from contract to recorded deed

Follow these numbered milestones to reduce risk and preserve priority during a conveyance transaction.

01

Execute Deed

Parties sign the deed in the agreed form before closing.

02

Notarize Acknowledgement

Notary completes statutory acknowledgement language required by county.

03

Deliver to Recorder

Submit the original deed and fees to county clerk for recording.

04

Confirm Recording

Obtain stamped recorded copy and circulate to lender, title company, and buyer.

Frequently asked questions about the Texas Special Warranty Deed

Answers to common questions about form differences, e-signing, notarization, recording, and correcting errors.


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