Legal Question in Real Estate Law in Texas

Null special warranty deed?

As part of my divorce settlement, my husband is assuming the loan on our home (the loan is solely in my name; however, years ago I signed a Special Warranty Deed conveying 1/2 interest in that property to him. For this real estate transaction my husband signed a Deed of Trust to Secure Assumption and I signed a Special Warranty Deed (for my remaining 1/2 interest in the property.)

My question is this--

The Special Warranty Deed which I recently signed (which was prepared by his attorney) does not state anything about my ownership interest being conveyed by me to my husband (it does not state that I granted, sold, and conveyed and do grant, sell and convey unto grantee....my remaining one-half interst in and to the property.

This SWD actually states nothing at all about conveyance of my ownership in the property.

Is this Special Warranty Deed any good?

What legal ramifications do I have because of this inadequacy?

Thank you.

Is this Special Warranty Deed any good due to the non-conveyance of property? How can I turn this error around and use it to my advantage in the event I wanted to?


Asked on 3/01/02, 9:59 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Null special warranty deed?

To evaluate I would have to see the Deed. However, if it sounds as though you are conveying you interest. I would have suggested that you retain a vendor's lien in the Deed, but it is probably too late now. From your desciption it does not appear that you are being released on the original note you signed, you ex has just agreed to assume it. Because you are still liable in the note, if he defaults you will still have to pay. The assumption Deed of Trust will allow you to foreclose on your ex if he defaults and get the property back. Larry Maun 713.266.2560

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Answered on 3/04/02, 12:11 pm


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