Thursday, July 17, 2008

In Deed

County clerks in Texas won't record your deed unless either

A) It is signed by grantor and notorized
B) It is signed by grantor + two witnesses

Compare to self-proving will:

It is signed by testator and two witnesses and notarized
if its not notarized, the witnesses have to come testify.

Compare to Order for muniment of title:

Order for Muniment of title is an order from a judge, it goes from the court clerk to the the county clerk. Ba-dang!

Compare to affadavit of heirship:

Also serves as a Muniment of title, but is rebuttable within 5 years of recording. Magically, it becomes irrebutable after 5 years.

Compare to Mechanics lien:

Perfected on receipt if all formalities of recording the affadavit of the Mechanic's lien statute are met. Primes the mortgage lien!

BTW: The maximum deficiency judgment after a lien is foreclosed, in Texas, is limited to the difference between FMV and debt; obviously its less if the deficiency is less, that is to say you can't get more than the deficiency for a deficiency judgment. Anyhow, the rationale for the cap is to prevent fire sale prices.
"Too late or still too soon too soon to make lots of bad love and there's no time for sorrow. Run around, run around with a hole in your head 'til tomorrow."
-----They Might Be Giants