I have a question about buying property and a “Warranty Deed.”

[Bryan]

A guy is selling some property close to the house and he states he has a warranty deed with his name on the paperwork. Seems a little shady, but I am unfamiliar with the whole process, to be honest. What would I do to purchase the property and have it in my name?


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[Nike]

I’m in a similar situation. Seller is offering me a “special warranty deed” instead of a general warranty deed. Not sure what that means exactly....

[Heron]

A guy is selling some property close to the house and he states he has a warranty deed with his name on the paperwork. Seems a little shady, but I am unfamiliar with the whole process, to be honest. What would I do to purchase the property and have it in my name?


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My first thought would be to get a title company involved which would likely be at your expense. The seller may in fact be the legal owner but there may also be legitimate superior claims to the property such as IRS liens, etc. A title company can pretty quickly tell you who owns/has claims to what.

[JayB]

Always close with a Title Company and purchase the Owners Title Policy. It is normally paid for by the seller, though, in Texas, everything is negotiable.

Never, ever, ever purchase without having an Owners Policy! That will be your only recourse in the event previous liens/issues arise after your closing.

[mmoses]

Always close with a Title Company and purchase the Owners Title Policy. It is normally paid for by the seller, though, in Texas, everything is negotiable.

Never, ever, ever purchase without having an Owners Policy! That will be your only recourse in the event previous liens/issues arise after your closing.

this!

[Cur_Dog]

Always close with a Title Company and purchase the Owners Title Policy. It is normally paid for by the seller, though, in Texas, everything is negotiable.

Never, ever, ever purchase without having an Owners Policy! That will be your only recourse in the event previous liens/issues arise after your closing.

X2

[texasdeerhunter]

X2

I agree x3

[Terry]

Check the county records for the property

[texan4ut]

Good info here

https://texaslawhelp.org/article/understanding-general-warranty-deed

[Palmetto]

I just went thru this buying some land next to me. The title company picked it up, and would not insure the policy until it got fixed.

This was chain of events that the deed went through, and how it got messed up.
1. Father deeded 10 acres to his son. 1976
2. Son deeds 10 acres back to father prior to going thru divorce. 1980 something
3. Father sets up all of his property (including the 10 acres) into a family trust. 1990 something
4. Father (in his name, not the trust) warranty deeds 10 acres back to his son. 1998

#4 is where he screwed up. He didn't make the deed in the name of the trust!! He basically gave away something that didn't belong to him, it belonged to the trust. Since the father is long since dead, explaining all of that to the 70yr old son was a PIA!!! We had to get his sister involved since she was a co-trustee of the trust. Well he was not happy at all. Luckily I got them both to sign, and the deal finally went through.