Legal Question in Real Estate Law in Texas

I am filing a quitclaim deed in Galveston County to transfer a property from my father to me. No money is involved in the transaction. There are back taxes owed which will become my responibility. The title company says I have to file for a new warrenty deed which they will prepare and of course charge me for.

Who approves the quitclaim? The county or the title company.


Asked on 8/13/11, 6:33 am

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

neither...but the Title Company offers the best advice..the County cannot give legal advice, nor can the Title Company..but a "warranty" conveys all and a "quitclaim" quits title..perhaps insufficient in the future for some property rights...yes, one is charged for legal opinions generally..as Abe Lincoln said..all a lawyer has to sell is his time..and of course knowledge.

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Answered on 8/13/11, 6:41 am

Don't use a quitclaim. It just makes problems for you. If you're paying any money for this, get a full title policy, and get a warranty. If the title company doesn't issue insurance on this, you may not have marketable title at the end of the day.

Dave

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Answered on 8/13/11, 6:51 am


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