Recent Blog on Topic
Real Estate Litigation
Carpenter & Associates provides advice, legal opinions, litigation services, and document preparation concerning real estate law in the state of Texas. Some of our services are provided at flat rates; however, retainers are taken for complicated matters involving litigation. See below for a list of commonly provided services.
About Deeds in Texas
A deed is a written instrument that conveys title to real property. It differs from an earnest money contract, a note, and a deed of trust. While there is no standard form for deeds, deeds in Texas must include the intent to convey property, the legal description of the property, and a signature and acknowledgement of the grantor to be valid. Deeds need not be recorded to be valid.
The above being said, not all deeds are created equally. When a grantor wishes to accomplish specific objectives or limit liability, the type of deed and the careful wording in the deed by a competent real estate attorney are critical. The types of deeds commonly used in Texas are listed below:
- General Warranty Deed
- Special Warranty Deed
- Deed without Warranties
- Lady Bird Deed
- Quitclaim Deed
- Assumption Deed
- Wraparound Deed
- Trustee’s Deed
- Deed Incident to Divorce
- Deed in Lieu of Foreclosure
- Correction Deed
The type of deed and the clauses used in a deed can greatly alter the effect of a transfer. It is important to consult with an attorney about the careful drafting of the deed to achieve the desired results in a real estate transaction. Feel free to use the form below to request a free consultation with a lawyer or call our office during regular business hours.
Contract Review
Our firm routinely reviews a variety of real estate contracts including residential sales contracts, residential lease contracts, commercial sales contracts, and commercial lease contracts.
Real Estate Litigation
Carpenter & Associates, PLLC provides litigation services concerning both commercial and residential real estate. Common issues litigated include breach of contract for sales agreements, suits to declare title, and suits to quiet title.
Owner Financing in Texas
Real property in Texas can legally be sold using owner or seller financing. After some recent Real Property changes in the law in 2005, two types of owner financing remain realistic in Texas:
- The conventional owner finance used when there are no prior liens on the property and
- The wraparound which involves deeding the property to the buyer and having the buyer make payments to the seller so that the seller can continue to pay the current lender.
A competent real estate attorney should be used in an owner finance transaction in Texas. The documents required in an owner financing transaction in Texas include:
- The Deed transferring title to the buyer
- The Note providing the obligations of payment
- The Deed of Trust as the security instrument
Owner financing has been a popular method of selling real estate in Texas and continues to thrive as a means for transferring property. A seller and buyer should consult with a real estate attorney before entering into a contract that calls for seller financing. Feel free to use the form below to request a consultation with an attorney or call our office.
Real Estate Attorneys
Carpenter & Associates, PLLC provides full service closing for real estate across the state of Texas. We are the closing attorney for Clear Title and Appraisal. As real estate attorneys with extensive experience in clearing title issues and direct access to the underwriter, our firm closes even the most complex transactions quickly and seamlessly.
Texas Lien Removal
Lien removal is a necessary process for a seller of real property to deliver marketable title to a buyer at closing. Often times, sellers only discover liens recorded against their property when a title company performs a title search before issuing a title commitment. Title companies will not insure title when a lien is present regardless of whether the lien is valid or invalid.
Before an attorney attempts to remove a lien using any judicial or unilateral, non judicial methods, it is both practical and prudent to contact the party claiming the lien in an attempt to receive a voluntary release. After an explanation of potential liability for failing to release, creditors will frequently sign a release. Some of the types of liens that our firm typically assists clients with include:
- Mechanic and Materialmen (M&M) Liens
- Judgment Liens Against the Homestead
- Fraudulent Liens
Contacting the lien holder and receiving a full release is usually the most effective method of having a lien removed in Texas; however, in some cases, additional steps will be required to effect lien removal. The Texas Property Code prescribes both non judicial and judicial remedies for lien removal should a lien holder be uncooperative in signing a release. Feel free to use the form below to request a consultation about lien removal with an attorney or call our office.
Recent Blog on Topic
Real Estate Litigation
Carpenter & Associates provides advice, legal opinions, litigation services, and document preparation concerning real estate law in the state of Texas. Some of our services are provided at flat rates; however, retainers are taken for complicated matters involving litigation. See below for a list of commonly provided services.
About Deeds in Texas
A deed is a written instrument that conveys title to real property. It differs from an earnest money contract, a note, and a deed of trust. While there is no standard form for deeds, deeds in Texas must include the intent to convey property, the legal description of the property, and a signature and acknowledgement of the grantor to be valid. Deeds need not be recorded to be valid.
The above being said, not all deeds are created equally. When a grantor wishes to accomplish specific objectives or limit liability, the type of deed and the careful wording in the deed by a competent real estate attorney are critical. The types of deeds commonly used in Texas are listed below:
- General Warranty Deed
- Special Warranty Deed
- Deed without Warranties
- Lady Bird Deed
- Quitclaim Deed
- Assumption Deed
- Wraparound Deed
- Trustee’s Deed
- Deed Incident to Divorce
- Deed in Lieu of Foreclosure
- Correction Deed
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