Can anyone share just a general Texas Quit Claim deed? Or should one like what's used in Oklahoma work just changing the locations? Thank you.
Dear Mr. Pruitt,
Use at your own risk.
http://www.collincountytx.gov/law_library/Documents/online_forms/QuitclaimDeed.pdf
Best,
Buddy CottenThank you Mr. Cotten.
Jay,
I don't know about Oklahoma but it is my understanding that it is illegal for people to prepare their own documents conveying title to real property in Texas.
You should touch bases with a Texas Attorney on what it is you need.
Charles
Dear Charles,
That is the first time that I have ever heard that. I looked, but could find nothing on the topic. I will agree that it is generally not advisable to do so.
Is this just something that you heard, or can you point to a portion of the Statutes of such a prohibition?
In the absence of a scrivner's seal, who would know?
I have also never seen a title requirement that said, "Obtain an affidavit of Fact that Grantor in that certain document filed at Book XX, page XX, did not prepare the document himself." Heck, there is even something called an holographic (in Texas, olographic in Louisiana) will.
Warmest,
Buddy Cotten
"Reply by Charles Emery Tooke III 4 hours ago
Jay,
I don't know about Oklahoma but it is my understanding that it is illegal for people to prepare their own documents conveying title to real property in Texas.
You should touch bases with a Texas Attorney on what it is you need.
Charles "
Charles and Buddy thank you both for your replies. I have never heard this either. This was a friend asking me for a QCD because she knows I use them frequently. I have used them more in OKLA than Texas. Her Attorney friend told her to just QCD since it was a family transaction, Dad moving etc...
Hey Guys!
I will try and run down the article I read about 3 Landmen having been sued by the Texas Bar Association for illegally practicing law. It was several years ago when I saw it, so I can't even remember where I saw it, but it was probably in Landman Magazine.
I tried to locate it for a while this morning, but have had too much to do today to dedicate much time to it.
I remember it had to do with people doing their own paperwork kept screwing up titles.
Charles
"A quitclaim deed conveys any title, interest, or claim of the grantor in the real property, but it does not profess that the title is valid nor does it contain any warranty or covenants of title. Thus, a quitclaim deed does not establish title in the person holding the deed, but merely passes whatever interest the grantor has in the property." Diversified, Inc. v. Hall, 23 S.W.3d 403 (Tex. App.--Houston [1st Dist.] 2000, pet. denied).
Read more below about why Quit Claim Deeds may not be the proper choice for your situation:
Dear Kitchen,
A true quitclaim does not even convey property, because a true quitclaim deed (QCD) does not have words of conveyance. Simply, Grantor quitclaims unto Grantee, etc...
What that means is that Grantor "Quits" any claim to the property that Grantor possesses at that instant in time. The QCD has no effect on any after-acquired title.
Most landmen and title examiners like a QCD about as much as a Sheriff's Sale.
Best,
Buddy CottenIf the Landmen were preparing it for third parties, and not their own (or their company's interest), that is not allowed. But, the general public is free to prepare their own documents, although it isn't recommended.
Perhaps that is what Charles is thinking of.
Buddy Cotten
I don't believe that is true.