Legal Question in Real Estate Law in Texas

Re: Warranty Deed

Yes, you can use a warranty deed to reansfer title in Texas. You need to be sure of a few things first. The first thing you need to do is determine whether or not the person executing the deed has clear title. The next thing you do is check the deed of trust and note, in order to make sure that there is no 'due on sale' clause. A DOS clause makes the note 100% due if there is a transfer. If there is a DOS clause, then you can request that the bank waive it.

There are couple of other things to consider, such as the condition of the property, and any representations made by the seller.