PublicLegal-authored self-help deed form. Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.

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What Is a Texas Special Warranty Deed?

A Texas special warranty deed is used to transfer Texas real property with limited title-warranty promises from the grantor, subject to the exceptions and wording stated in the deed. Unlike a general warranty deed, the special warranty is typically limited to claims by, through, or under the grantor. It does not promise that title was free from issues before the grantor owned the property, and it does not replace a title search, title insurance, lender review, or transaction-specific legal advice.

What Is Included After Checkout?

The Texas special warranty deed package includes two editable Microsoft Word documents: the Texas Special Warranty Deed and a separate Texas Special Warranty Deed Instructions and Recording Checklist. The instruction file is provided separately so customers do not accidentally record non-recordable completion guidance as part of the deed.

When This Texas Deed May Be Considered

A special warranty deed may be considered when the transaction calls for narrower warranty-and-defense promises than a general warranty deed, such as some commercial, REO, entity, title-company-directed, or professionally reviewed fiduciary transfers. The correct deed type depends on the transaction, title exceptions, lender and title-company requirements, and the exact covenant language in the deed.

Texas Recording and Completion Notes

  • Confidentiality notice: Texas deeds transferring real-property interests to or from an individual should include the Texas confidentiality-rights notice at the top of the first page.
  • Signing and acknowledgment: Texas deeds are typically signed by the grantor and acknowledged before a notary public or other authorized officer before recording.
  • Recording office: Record with the County Clerk in the Texas county where the property is located. Multi-county property can require recording in more than one county.
  • Legal description: Use the complete legal description from a reliable title source. A street address, tax account number, or appraisal-district summary is not a substitute.
  • Homestead and spouse issues: Texas homestead property can require both spouses to join in a conveyance even when only one spouse appears in record title. Confirm homestead, community-property, entity, trust, estate, power-of-attorney, mineral, and lender issues with Texas counsel or a title company.

Special Warranty vs. General Warranty Deed in Texas

A Texas general warranty deed provides broad warranty-and-defense promises, subject to stated exceptions. A Texas special warranty deed provides narrower warranty-and-defense promises, usually tied to the grantor's ownership period and claims by, through, or under the grantor. A deed without warranty and a quitclaim deed are different no-warranty or release-style paths and should not be treated as special warranty deeds.

Frequently Asked Questions

What does a Texas special warranty deed warrant?

A special warranty deed usually limits the grantor's title-warranty and defense promises to claims by, through, or under the grantor, subject to the deed's exceptions and exact wording. It is narrower than a general warranty deed.

Is a special warranty deed the same as a deed without warranty?

No. A special warranty deed gives limited warranty promises. A deed without warranty is designed for a no-warranty conveyance, and a quitclaim deed releases only the grantor's possible interest or claim, if any.

Where do I record a Texas special warranty deed?

Record the deed with the County Clerk in the Texas county where the real property is located. If the property spans more than one county, confirm whether recording is needed in each county.

What files are included with this Texas special warranty deed product?

The product includes the editable Texas Special Warranty Deed Word document and a separate editable Texas Special Warranty Deed Instructions and Recording Checklist Word document.

Should a Texas special warranty deed be reviewed before signing?

Yes. Special warranty scope, exceptions, homestead or spouse-joinder issues, entity authority, title-company requirements, and lender requirements can be transaction-specific. Review the deed before signing or recording.