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Texas Warranty Deed

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STATE OF TEXAS - GENERAL WARRANTY DEED

Prepared by U.S. Legal Forms, Inc.

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

[Husband and Wife to Husband and Wife with Vendors Lien]

Control Number – TX-SDEED–8-23

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DISCLAIMER

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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General Warranty Deed Page 1 of 4

Prepared By and After Recording Return to:

Send Tax Statements to Grantee (Name and Address):

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.

GENERAL 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 the further consideration of the execution and deliver by the Grantees herein of their one certain promissory note of even date herewith in the principal sum of

payable to the order of

at

in the City of , County, Texas, bearing interest from date thereof at the rate of percent (%) per annum, matured unpaid principal and interest to bear interest at the maximum amount permitted by law, from maturity until paid, principal and interest being due and payable in installments of Dollars (or more) each, payable on the day of and each and every calendar month, beginning , and continuing regularly thereafter until the whole of said sum, with interest, has been duly paid.

The payment of which note is secured by the Vendor's Lien herein retained, and is additionally secured by a Deed of Trust of even date herewith to , Trustee, and , Husband and Wife, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto and , Husband and Wife , hereinafter referred to as “Grantees”, 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]

Prior instrument reference: Book , Page , Document No. , of the Recorder of County, Texas.

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:

TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the above named Grantors, it’s successors and assigns forever; and Grantors herein hereby binds themselves, their successors, assigns, and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the above named Grantees, their successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.

This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: Any and all restrictions, covenants, conditions and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State; and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect, relating to the hereinabove described property.

General Warranty Deed Page 2 of 4

The property herein conveyed is not a part of the homestead of Grantors, or is part of the homestead of Grantor and the conveyance is joined by both Husband and Wife.

WITNESS Grantor’s hand this the day of , 20.

STATE OF TEXAS

COUNTY OF

This instrument was acknowledged before me on (date) by as of .

STATE OF TEXAS

COUNTY OF

This instrument was acknowledged before me on (date) by as of .

General Warranty Deed Page 4 of 4

COMMUNITY PROPERTY AGREEMENT

It is hereby agreed by and between and , Husband and Wife, Grantees of the above described property, that the above described property shall, in the event of the death of one spouse, vest in and belong to the surviving spouse.

Mailing Address of Grantees:

Enter text✕

What the Texas Warranty Deed Is and what it does

A Texas Warranty Deed is a written instrument used to transfer real property title in Texas while providing express warranties from the seller (grantor) to the buyer (grantee). It typically includes a grant clause, legal description, habendum language, and covenants assuring title free of undisclosed encumbrances. When properly executed, notarized, and recorded in the county clerk’s office where the property sits, the deed establishes public notice and protects the grantee against prior claims. Recording requirements and form details follow Texas property law and local county practices.

Why a Warranty Deed matters for property transfers

A Warranty Deed transfers ownership and provides contractual promises about title that support marketable title and lender acceptance.

Why a Warranty Deed matters for property transfers

Who commonly prepares or receives a Texas Warranty Deed

These deeds are prepared and reviewed by parties who need secure title transfer and public record.

  • Buyers and sellers in real estate transactions, including individuals and entities completing a sale or conveyance.
  • Title companies and closing agents who verify chain of title, prepare closing documents, and facilitate recording.
  • Real estate attorneys and lenders who review covenants, ensure legal sufficiency, and manage escrow or financing conditions.

Each participant has distinct responsibilities during drafting, signing, notarization, and recording.

Roles with signing authority

Grantor — Seller

The person or entity holding current legal title. Must sign exactly as named on title records; corporate grantors require authorized officer signatures and corporate acknowledgment or resolution.

Grantee — Buyer

The recipient of title. The grantee’s name must appear precisely as the intended owner (individual, trust, or entity) to avoid future record mismatches and issues obtaining title insurance.

Essential parts of a professional Texas Warranty Deed

A complete deed includes specific clauses and formal elements designed to convey title clearly, allocate risk, and satisfy county recording requirements.

Granting Clause

States the seller conveys and warrants title to the buyer; identifies parties and the general nature of the transfer in clear present-tense language.

Legal Description

A precise metes-and-bounds description, lot and block with plat reference, or other legally sufficient description that uniquely identifies the property conveyed.

Habendum Clause

Defines the extent of ownership transferred (for example, fee simple) and any limitations, reservations, or life estates affecting the estate conveyed.

Warranty Covenants

Express promises (e.g., covenant of seisin, covenant against encumbrances) assuring the grantee of marketable title and remedies for breach.

Consideration Statement

Records the amount paid or other consideration; can be nominal language when required but should avoid vague phrases to reduce disputes.

Execution and Acknowledgment

Grantor signature, date, and a notary acknowledgement; for entities, evidence of authority (corporate resolution) and correct signer titles.

Step-by-step: Prepare, sign, and record a Texas Warranty Deed

Follow these sequential steps to create a legally effective warranty deed in Texas.

  • 01
    Draft: Assemble grantor, grantee, legal description, and consideration.
  • 02
    Review Title: Confirm chain of title and resolve liens or encumbrances first.
  • 03
    Execute and Notarize: Grantor signs before a notary and provides ID for acknowledgement.
  • 04
    Record: File the original with the county clerk where the property is located.

How to configure an online workflow for the deed

Set up a repeatable digital workflow to reduce errors and streamline signing and recording steps.

Field Configuration
Template Create a reusable deed template with locked legal description fields.
Authentication Require email plus SMS code or ID check for grantor authentication.
Conditional Fields Show corporate resolution requests only if grantor is an entity.
Document Format Use PDF/A or certified PDF to preserve formatting for recording.

Where to send and how to submit the completed deed

A clear submission path ensures the deed becomes part of the public record and protects priorities.

  • Prepare Deed: Finalize wording and confirm legal description accuracy.
  • Sign and Notarize: Grantor signs before notary; notary completes acknowledgment block.
  • Record with County: Submit the original deed to the county clerk in the property county.
  • Distribute Copies: Provide recorded copy to grantee, title company, and lender if applicable.

Digital signing and file-format considerations

Use a secure eSignature platform and certified PDF to preserve signatures and metadata when preparing deeds.

  • Supported Formats: PDF, PDF/A, DOCX accepted for prefill and final record.
  • Integrations: Connectors for Salesforce, NetSuite, Microsoft 365, Box and Google Workspace.
  • Audit Trail: Capture IP, timestamp, and signer authentication evidence.

Typical timing and processing expectations for recording

Recording timelines vary by county; allow time for clerk review, indexing, and return of recorded documents.

Pre-Closing Review:

Allow 3–10 business days for title and lien clearance before closing.

Notary Execution:

Sign on the scheduled date; the notary completes acknowledgment immediately.

County Recording:

Clerk processing often ranges from same-day to several weeks depending on county workload.

Return of Recorded Copy:

Expect recorded instrument return by mail or courier within 3–21 days.

Priority Effect:

Recording immediately preserves priority against subsequent claims; earlier recording is advisable.

Key milestones from draft to public record

Follow these milestone stages to track progress and preserve priority.

01

Draft and Review

Assemble deed text and confirm title chain before signing.

02

Execution and Notary

Grantor signs before notary; acknowledgement executed.

03

County Recording

Submit original instrument to county clerk for indexing.

04

Post-Record Distribution

Deliver recorded copies to grantee, lender, and title insurer.

Common preparation errors to avoid

  • Using an imprecise or incorrect legal description that causes recording rejection or clouded title.
  • Misspelling names or listing inconsistent entity formatting that mismatches title insurance and tax records.
  • Signing without a proper notary acknowledgement or with the notary block altered or incomplete.
  • Failing to clear outstanding liens or judgments before transferring title and recording the deed.

Consequences of an incorrect or improperly recorded deed

Title Defect: Risk of clouded title and litigation
Recording Rejection: Clerk may refuse to record document
Tax Implications: Property taxes or transfer tax issues
Loss of Priority: Subsequent claims may take precedence
Insurance Denial: Title insurer may deny coverage
Fraud Liability: Potential civil or criminal exposure

Real-world examples of online deed workflows

Organizations have used digital workflows to manage deed preparation and capture remote signatures while preserving legal formality.

Martin Properties

Tim Martin streamlined property closings online for remote buyers

  • Used a secure eSignature workflow and notary module to capture valid acknowledgments
  • The result allowed remote execution while preserving recorded originals and reducing closing travel and scheduling delays across rural properties.

Optica Ventures

Brian Fitzgibbons adopted digital templates for recurring conveyances

  • Templates standardized legal descriptions and signature blocks
  • This reduced drafting variation, improved title examiner reviews, and shortened time from contract to recorded deed for repeat transactions.

Notarization and witness flow for valid execution

Follow a reliable step sequence at execution to ensure the notary acknowledgement and any witness attestations meet local requirements.

01

Prepare Identification

Grantor provides government-issued ID acceptable to the notary.

02

Sign in Presence

Grantor signs the deed in front of the notary.

03

Notary Acknowledgment

Notary completes the acknowledgement block and affixes seal.

04

Witness Attestation

If state requires witnesses, witnesses sign and provide printed names.

05

RON Session (If Used)

Conduct identity proofing and audio-video recording per state RON rules.

06

Notary Journal Entry

Notary records the act in the official journal, noting ID method.

07

Record Instrument

Submit the original acknowledged deed to the county clerk.

08

Distribute Recorded Copy

Provide final recorded copy to grantee, lender, and title insurer.

Comparison: signNow and common eSignature providers for deed workflows

Price and feature tiers vary; place eSignature vendors against common needs like starting price, trial availability, bulk send, audit trail, HIPAA compliance, and envelope caps.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Texas Warranty Deeds

Answers to common questions about execution, notarization, recording, and resolving errors when preparing a Texas Warranty Deed.


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