PROPERTY CODE CHAPTER 13. EFFECTS OF RECORDING (2024)

FAQs

What is the effect of recording a warranty deed? ›

Through the recording of a warranty deed, the seller is providing assurances to the buyer should anything unexpected happen. If a third-party filed a claim against the property, even if the seller was unaware, the seller is legally liable to remedy the issue.

An instrument that is properly recorded in the proper county is: (1) notice to all persons of the existence of the instrument; and (2) subject to inspection by the public.

In California, an unrecorded interest is valid between the parties thereto and those who have notice thereof. (Civ. Code § 1217.) Just because a deed is unrecorded doesn't mean it isn't valid.

Forged deeds, mortgages, satisfactions, or releases. Deed by person who is insane or mentally incompetent. Deed by minor (may be disavowed) Deed from corporation, unauthorized under corporate by-laws or given under falsified corporate resolution.

A general warranty deed is the most beneficial for the home buyer because it provides the greatest amount of protection. It's a guarantee from the current owners (also referred to as the grantors) that they have full ownership of the property and have disclosed all encumbrances, liens, easem*nts and judgments.

Recording a deed in the county where the property is located places the document in the public records, providing constructive notice to subsequent purchasers, mortgagers, creditors, and the general public about a conveyance related to a specific parcel of real property.

13.004. EFFECT OF RECORDING LIS PENDENS. (a) A recorded lis pendens is notice to the world of its contents. The notice is effective from the time it is filed for record and indexed as provided by Section 12.007(c), regardless of whether service has been made on the parties to the proceeding.

Section 13.001 - Validity of Unrecorded Instrument (a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed ...

Demand for Accounting. (a) A beneficiary by written demand may request the trustee to deliver to each beneficiary of the trust a written statement of accounts covering all transactions since the last accounting or since the creation of the trust, whichever is later.

If Your Deed Is Not Recorded, the Property Could Be Sold Out From Under You (and Other Scary Scenarios) In practical terms, failure to have your property deed recorded would mean that, if you ever wanted to sell, refinance your mortgage, or execute a home equity line of credit (HELOC), you could not do so.

Is an unrecorded deed valid in Texas? ›

Does A Deed Have To Be Recorded In Texas To Be Valid. No- A deed in Texas does not have to be recorded for the transfer of the property to be effective.

Risk to the Buyer

Unless the contract for deed is recorded, third parties who rely on the state of the title recorded may remove the buyer from title rights and the only remedy of the buyer is to seek relief against the seller who may have left the jurisdiction or be insolvent.

A quitclaim deed is usually the weakest deed because it offers the least amount of protection. Quitclaim deeds are often used to transfer ownership between spouses or family members, while a general warranty deed is used for arm's-length transactions.

If the trial court finds the grantor intended the deed to take effect at some point in the future, or if the trial court finds the grantor thought the deed would not be effective until some subsequent act was performed, then there was no delivery and the deed is void and ineffective.

In California: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.” Code § 1217 However, the absence of a recorded deed can lead to several legal and practical complications.

If you are buying or selling a property, a warranty deed provides a guarantee against problems with the title. It offers reassurance that the property can be transferred free and clear and there aren't any outstanding mortgages, liens, judgments or other encumbrances against it.

When you own a home, the deed is the physical document that proves ownership. The title is the concept of legal ownership that the deed grants you. You can think of the deed as the document that transfers, or passes on, the title or the right to ownership. When you buy a home, you need both.

What is an example of a document that affects title to property but does not actually convey title? mortgages. Also affecting title are deeds of trust.

WARRANTY DEEDS. Grantee receives greatest amount of protection from grantor. The five covenant of warranty apply. protects the grantee by providing that the grantee will have title to the property even if the grantor acquire the title at a later time.