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Thomas McJD
Thomas McJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 6515
Experience:  Real Estate Attorney
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I need help filling out a warranty deed for the state of Texas.

Customer Question

I need help filling out a warranty deed for the state of Texas. It is for purchase of an empty lot for which we are paying $1300 cash. We have a form which we purchased, but I'm confused about how to fill it out. (I understand that the seller signs it in the presence of a notary, and then we take it to the county clerk's office.)

The language reads as follows: The State of Texas, know all men by these presents: THAT (blank) of the County of (blank) State of (blank) for and in consideration of the sum of (blank) DOLLARS to (blank) in hand paid by (blank) as follows: (and then there is a fairly large blank space) has Granted, Sold and Conveyed, and by these presents do(es) Grant, Sell and Convey, unto the said (blank) whose mailing address if (blank) of the County of (blank) State of (blank) all that certain (blank).

Then it goes on with the bit about assigning forever, heirs, etc., and is signed in the presence of a witness and notarized.

I guess my question is, right at the beginning, where I put the seller's name, I would put his address, right? He does not live in the county we live in (which is the county the property is located in). What goes in the large blank space after "follows:"?

Thanks.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Yes, his county of residence goes in the first blank you reference. The second blank you reference, the large one, is large because you could put a lot of information there concerning the specific manner of payment. However, it's easy for you if the payment is cash. "Paid by cash" etc.

Customer:

Thank you. So where it says "the sum of ($1300) to (blank) in hand paid by (blank)

TMcJD :

Sometimes deeds will have complex language there concerning promissory notes, liens, assumptions of existing indebtedness, etc., which is why there's so much space, but if yours is a simple cash transaction, it can just say cash paid by buyer to seller with no liens actual or implied.

Customer:

would that be HIM paid by OUR NAME

TMcJD :

Yes, $1,300 paid by you, the buyer.

Customer:

Thank you so much! I've stressed a lot over what I thought would be simple

TMcJD :

Yes, 1,300 paid to him by you.

TMcJD :

That's okay. It can be stressful if you've never done it. It might help your peace of mind to look up some TX deeds online and just review various examples so you have an idea what they look like.

TMcJD :

Here's a link to a page that discusses the law regarding deeds generally.

TMcJD :

http://www.lonestarlandlaw.com/deeds_in_texas.html

Customer:

Thank you.

TMcJD :

You're welcome. Have a great night!

Customer:

You too

Thomas McJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 6515
Experience: Real Estate Attorney
Thomas McJD and 4 other Real Estate Law Specialists are ready to help you
Expert:  Thomas McJD replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 1 year ago.

Hi, it's me again.


 


I thought I had asked about all I wasn't sure of, but...not.


 


The last bit: "To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said (blank) heirs and assigns forever and (blank) do hereby bind (blank) heirs, executors, and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said (blank) heirs and assigns , against every person whomsoever lawfully claiming, or to claim the same, or any part thereof.

Customer: replied 1 year ago.
Hi, it's me again.



I thought I had asked about all I wasn't sure of, but...not.



The last bit: "To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said (blank) heirs and assigns forever and (blank) do hereby bind (blank) heirs, executors, and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said (blank) heirs and assigns , against every person whomsoever lawfully claiming, or to claim the same, or any part thereof.
Customer: replied 1 year ago.
Relist: Answer came too late.I was very happy with TMcJD but I am in a bit of a rush to get this paperwork finished, and need to know the answer to my recent question. I am doing a warranty deed for the state of Texas for an empty lot we are purchasing for cash. I have filled out all except the bottom:To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said (blank) heirs and assigns forever and (blank) do hereby bind (blank) heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said (blank) heirs and assigns, against every person whomever lawfully claiming, or to claim the same, or any part thereof, WITNESS (blank) hand at (blank) this dayI don't know what goes in the blanks.
Expert:  Thomas McJD replied 1 year ago.
First Blank IS The Buyer. Next Two Are The Seller And The Last Is The Buyer
Customer: replied 1 year ago.
Thank you! I am clueless when it comes to this kind of thing.
Expert:  Thomas McJD replied 1 year ago.
You're Welcome.

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