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Warranty Deed

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STATE OF TEXAS WARRANTY DEED [Individual to Individual] Control Number – TX-02-78

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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This document prepared by (and after recording return to):

--------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.

WARRANTY DEED

(Individual to Individual)

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, , an individual, , hereinafter referred to as “Grantor”, does hereby grant, sell, convey, and warrant unto , , hereinafter “Grantee”, the following lands and property, together with all improvements located thereon, lying in the County of , State of Texas, to-wit:

Describe Property of State "SEE DESCRIPTION ATTACHED"

Prior instrument reference: Book , Page , Document No. , of the Public Records of the County Clerk for County, Texas.

LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantor, if any, which are reserved by Grantor.

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

TO HAVE AND TO HOLD same unto Grantee, and unto Grantee’s heirs and assigns forever, with all appurtenances thereunto belonging.

GRANTOR does for Grantor and Grantor’s heirs, personal representatives, executors and assigns forever hereby covenant with GRANTEE that Grantor is lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; that Grantor has a good right to sell and convey the same as aforesaid; and to forever warrant and defend the title to the said lands against all claims whatever.

Taxes for tax year shall be prorated between Grantor and Grantee as of the date selected by Grantor and Grantee, or paid by Grantee, or paid by Grantor.

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

WITNESS Grantor(s) hand(s) this the day of , 20.

 

Grantor

Print/Type Name

Signed, Sealed and Delivered
in the presence of:

 

Witness

 

Witness

STATE OF

COUNTY OF

This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging).

 

Notary Public

Printed Name:

My Commission Expires:

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

Enter text✕

What a Warranty Deed Is and how it functions

A Warranty Deed is a legal instrument that transfers ownership of real property from a grantor to a grantee while expressly guaranteeing that the grantor holds clear title and has the authority to convey it. It typically includes present and future covenants against title defects, a full legal description of the property, consideration recited, and a notarial acknowledgment. Once executed and recorded in the county recorder’s office where the property is located, the deed provides public notice and stronger protection for the buyer than a quitclaim deed.

Why parties choose a Warranty Deed

A Warranty Deed gives the buyer express assurances that the seller will defend the title against prior claims and defects, reducing future litigation risk and improving marketability of the property.

Why parties choose a Warranty Deed

Who typically prepares or receives a Warranty Deed

Common participants include sellers (grantors), buyers (grantees), title companies, lenders, and closing attorneys handling conveyances.

  • Residential buyers and sellers in purchase or refinance closings, where clear title and title insurance are required.
  • Commercial parties and investors for property acquisitions requiring full title warranties and indemnity protections.
  • Lenders, title insurers, and escrow companies that depend on recorded warranties to underwrite loans or policies.

Each party’s role affects how the deed is drafted, reviewed, and recorded; attorneys and title agents commonly handle final preparation and review.

Core elements found in a professional Warranty Deed

A complete Warranty Deed combines standardized clauses and precise data to create an enforceable transfer and warranty of title.

Granting clause

States the grantor’s intent to convey property and identifies the grantee and the estate being transferred.

Habendum clause

Defines the interest conveyed (for example, fee simple) and any limitations or rights retained by the grantor.

Covenants of title

Includes promises such as covenant of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty forever.

Legal description

Precise metes-and-bounds or recorded lot-block-tract description that uniquely identifies the real estate.

Consideration

Recites the purchase price or other consideration to show the transfer is supported by value and avoids gratuitous conveyance issues.

Acknowledgment

Notarial acknowledgement and signature blocks required for recording and to evidence the grantor’s execution.

Essential data shown on the deed

Grantor name: Full legal name
Grantee name: Full legal name
Property description: Exact legal description
Consideration recited: Amount or stated value
Signatures & date: Grantor signature and execution date
Notary block: Acknowledgment for recording

Step-by-step: completing a Warranty Deed for recording

Follow these core steps to prepare, execute, and record a typical Warranty Deed in a U.S. real estate transaction.

  • 01
    Prepare document: Use current form with complete legal description.
  • 02
    Populate fields: Enter names, consideration, and dates exactly.
  • 03
    Execute and notarize: Grantor signs before a notary public.
  • 04
    Record copy: File the original with county recorder.

Where copies go after execution

After execution and notarization, distribute printed or digital copies to parties who need proof of ownership and for loan or title processes.

  • County recorder: Official, recorded original stored by county
  • Title company: For insurance and closing file
  • Lender or escrow: If transaction financed or escrowed
  • Grantee copy: Certified copy for new owner

Technical considerations for e-signing and e-submission

Electronic workflows can speed execution and routing, but ensure chosen tools meet legal and recording requirements.

  • Formats supported: PDF, DOCX
  • Integrations: Salesforce | NetSuite | Microsoft 365
  • Security standards: TLS 1.2/1.3; AES-256

Confirm county recorder acceptance of electronic documents and whether a wet-original must be re-recorded; maintain audit trails and secure storage for legal defensibility.

Typical timelines and expectations for deed processing

Timing varies by jurisdiction and transaction type; plan for execution, recording, and title issuance milestones.

Recording timing:

Record immediately after closing to preserve priority; county processing varies.

Title policy issuance:

Title insurer issues commitment within days after recorded documents processed.

Tax proration at closing:

Proration calculations completed at settlement; affects seller/buyer obligations.

Escrow closing window:

Typical commercial closings 30–60 days; residential often shorter.

Document retention:

Keep executed originals for record and title insurer review.

Key milestones from contract to recorded deed

A concise sequence of events shows when rights transfer and when public notice is established by recording.

01

Contract executed

Parties agree purchase terms and set closing conditions.

02

Closing/settlement

Consideration paid and deed delivered to grantee or escrow.

03

Recordation filed

Original deed recorded at county for public notice.

04

Title insurance issued

Policy reflects recorded deed and protects lender/buyer.

Common pitfalls to avoid when preparing a Warranty Deed

  • Using an imprecise legal description or street address only, which can invalidate the conveyance or require corrective instruments.
  • Mismatched grantor or grantee names compared with title records, causing recorder rejection or title insurer exceptions.
  • Failing to notarize the grantor’s signature or using an expired or incorrect notarial block.
  • Neglecting to record promptly, which can allow intervening claims or priority disputes to arise.

Consequences of incorrect or unrecorded deeds

Clouded title: Title disputes
Deed invalidation: Risk of reformation or litigation
Tax problems: Improper tax reporting
Loss of priority: Later claims may prevail
Lender refusal: Financing or insurance denial
Costly cures: Quiet title or corrective deed

Supporting documents and file formats to include

Prepare standardized attachments and multiple file formats to support recording, title insurance, and lender requirements.

Title commitment

Include title report showing exceptions and required endorsements used to issue the owner or lender policy.

Recorded plats

Attach or reference recorded plat maps when the legal description uses lot/block references.

Entity documents

For corporations/LLCs/trusts, attach resolutions or trustee certificates proving authority to convey.

File formats

Save executed copies as PDF/A for long-term retention and provide DOCX for editable records if needed.

Real-world examples of Warranty Deed use

These brief arcs illustrate practical contexts where Warranty Deeds were executed and how digital workflows supported them.

Tim Martin — Martin Properties

Tim Martin needed streamlined online closings to manage multiple properties efficiently.

  • He used digital execution and remote notarization where permitted.
  • He reported reliably completing conveyances with compliant records and faster turnaround across mobile and desktop workflows.

Brian Fitzgibbons — Optica Ventures LLC

A small investment firm required clear title transfer for a portfolio sale.

  • The team standardized deed templates and verification steps.
  • Standardization reduced review cycles and ensured consistent recorded warranties for purchasers and lenders.

Comparison: eSignature vendor pricing and key features

High-level vendor comparison focusing on starting price, trial availability, bulk send, audit trail, and HIPAA compliance — signNow is listed first per vendor ordering rules.

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 Yes, 7-day free trial Varies Varies Varies Varies
Bulk Send Yes (premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No

Frequently asked questions about Warranty Deeds

Answers to common execution, recording, and e-signature questions about Warranty Deeds in U.S. real estate transactions.


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