Detailed Answer
When you or a title company examines who holds legal or equitable interests in Texas real property, you must gather and verify documentation for each party. Under Texas recording statutes (Tex. Prop. Code §13.002) instruments affecting title must meet statutory requirements. At a minimum, you should collect:
- Government-Issued Photo Identification: Driver’s license or passport for each individual (ensures the correct legal name and identity).
- Current Recorded Deed: A copy of the most recent deed from the county clerk’s office. See Tex. Prop. Code §13.001 and §13.002 (Tex. Prop. Code §§13.001–13.002).
- Title Commitment or Abstract: A title report listing all owners, liens, easements, mineral rights and exceptions to coverage.
- Spousal Information: Marriage certificate or affidavit confirming marital status to address homestead rights or community property claims (Tex. Prop. Code §5.021).
- Death Certificates and Probate Documents: For deceased owners, collect certified death certificates and letters testamentary or letters of administration as per Tex. Estates Code §102.001 (Tex. Est. Code §102.001).
- Trust Instruments: Certificate of trust and recorded trust agreement including signature pages to verify trustee authority (Tex. Est. Code §112.035).
- Corporate and LLC Records: Certificate of formation, corporate bylaws or LLC operating agreement, and certificate of good standing from the Texas Secretary of State (Tex. Bus. Orgs. Code §5.201).
- Power of Attorney: A notarized POA if an agent acts for an owner. Must comply with recording requirements in Tex. Prop. Code §5.021.
- Guardianship or Conservatorship Orders: Court orders appointing guardians or conservators for minors or incapacitated owners.
Completing this documentation ensures you identify all natural persons and legal entities with record title, equitable interests or statutory rights such as liens and homesteads. Title examiners cross-reference these documents against county records, tax certificates and lien searches to confirm there are no undisclosed claimants.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed Texas real estate attorney.
Helpful Hints
- Start the chain of title search at least 30 years back or to the last recorded mortgage.
- Obtain current tax certificates from the county tax assessor-collector to confirm no unpaid taxes.
- Verify any easements, mineral reservations or oil-and-gas interests.
- Check for pending lawsuits or lis pendens affecting the property.
- Confirm signature blocks meet Texas recording and acknowledgment standards (Tex. Prop. Code §13.001).
- When dealing with non-US persons, verify compliance with FIRPTA and attach IRS Form 8288-A.