Legal Question in Real Estate Law in Texas
Warranty Deed with Vendor's Lien
After full payment has been made, is it necessary to issue a release of the Vendor's Lien included in this document?
The last paragraph of the document:
The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute.
1 Answer from Attorneys
Re: Warranty Deed with Vendor's Lien
Howdy:
Yes. The vender's lien incorporated in the warranty deed is an encumbrance against the property. Until the release is filed, it looks like you still owe that money.
If you decide to sell the property, that lien will stand in the way until released. And, if enough time passes, it may become impossible to release it.
The best choice is to do it now, while you and the seller are still available.