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Recent Changes to Quitclaim Deeds in Texas - YouTube
Channel: Wadler Perches Hundl & Kerlick
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my name is craig eslinbaum i'm one of
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the attorneys that waddler purchase
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hundle and kerlick we have offices in
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wharton bay city richmond el campo and
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fosher
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to serve you
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today's topic is quick claim deeds
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buying selling acquiring or gifting real
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estate in texas looks simple on the
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surface
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but can be very complex and is filled
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with traps for the unwary
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when property is formally conveyed there
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are typically four types of deeds that
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can be prepared to evidence the
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conveyance these are the general
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warranty deed the special warranty deed
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the deed without warranty and the
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quitclaim deed which is called a deed
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but is really a deed and name only
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two key elements in any deed would
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include the granting language and the
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warranty if there is one
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the granting language explains what
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property is conveyed usually fee simple
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title subject to a reservation or an
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exception a reservation might be
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something like a life estate or a
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mineral interest that's something that
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the can the grantor or the seller
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retains to themselves as part of the
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transaction
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the exceptions to the title might be a
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right-of-way easement
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a utility easement an oil and gas lease
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or some other restriction on the total
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fee simple use of the property
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now the general warranty deed is a deed
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that warrants the title to the buyer
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from the inception of title so in cases
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where a general warranty deed is used
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then the warranty is good back to the
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origination of title
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in the case of a special warranty deed
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the warranty is good only against claims
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against title that occurred during the
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ownership period of the grantor
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and in the case of a deed without
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warranty
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that document includes the granting
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language but does not warrant the title
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at all to the seller to the buyer a
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quick claim deed is not a deed at all it
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is merely a document
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that transfers whatever title may exist
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in the cell in the grantor
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against the grantee it doesn't grant any
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title it's more in the form of an
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estoppel than a d so a quick claim deed
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is an instrument that denies ownership
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of the property at stake
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so quickly indeed becomes then a form of
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estoppel not an affirmative grant of the
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real property
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quick claim deeds in a chain of title
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can create problems for a property owner
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or a seller because the quit claim deed
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may prevent the property from being
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insurable this is because texas law
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provides
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an unrecorded instrument is binding
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against a subsequent purchaser who does
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not pay valuable consideration for the
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property and often a quick claim deed
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does not include the transfer of
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valuable consideration in exchange for
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the d
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so under that rule a person who believed
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she acquired property in 2010 by
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quitclaim deed
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may find that
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title impaired or limited
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because later after the transaction an
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instrument from 2005 which was unknown
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to the buyer and maybe to the seller
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comes up
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into the tie into the chain of title
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and this is because under again under
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texas law
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a buyer without consideration is not
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protected and for this reason title
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insurance companies are often reluctant
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or have outright refused to ensure title
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where a quitclaim deed is
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part of the chain of title
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in september 2021 a new law senate bill
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885 came into effect that provides for
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deeds filed after for quitclaim deeds
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filed after september 1st 2021
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there is a four-year statute of
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limitations for a prior deed to come
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into the chain of title
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and take effect
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this law only relates however to quit
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claim deeds filed after september 1st
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2021
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it is critically important to know the
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title history to property that you are
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buying and it's also important to use
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the correct deeds to convey title
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consistent with the goals of the
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contract or the expectations of the
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parties
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sometimes title issues from past
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conveyances
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may require attention so that title
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going forward will be insurable
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if you have any title issues or
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considering buying selling or gifting or
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otherwise conveying real property we
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will be happy to assist you in closing
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the transaction in such a way that
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minimizes your risk and achieves your
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goals thank you
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