Legal Question in Real Estate Law in Texas

My seller has a Warranty Deed on some acreage he is offering me. The deed is on file in San Jacinto County, Texas. He and his ex-spouse are the grantees in this deed. He stated to me that the district court awarded him the property during his divorce settlement. He further stated the County Clerk told him he could sell it to me by writing on the back page of said deed, a bill of sale to me with his signature only; and that all I would need to do is notarize my signature and file it under my name. Have you ever heard of this kind of sale and transfer of deed for real property in Texas?

Thanks

Additional Question: If this is an acceptable method of sale would I need certified copies of the Final Divorce Decree showing the ex-spouse is divested of all interest in said property and would I attach these to the deed as an exhibit before filing it with the County Clerk�s office?


Asked on 7/24/10, 4:09 pm

2 Answers from Attorneys

The short answer is that you don't want to find out. Go to a title company and get a title opinion. If you're paying for the property, then get a title policy.

Dave

http://leonlaw.com

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Answered on 7/24/10, 9:47 pm
Cheryl Rivera Smith The Smith Law Firm

Do not do this! You will need a new warranty deed from ex and him to you. A title company can prepare all the documents at a nominal costs. You also want a title search because there may be judgments against them, tax liens, or other claims to the property you would want cleared up before you buy. Also, the county clerk would have never told him such a thing - not only are they prohibited from rendering legal advice, but what he said the clerk said is flat-out wrong!

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Answered on 7/30/10, 5:43 am


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