About Scott Killian www.SaveWithScott.com Expertise Texas Residential Real Estate needs in Tarrant County and the Mid-Cities area. Questions should involve buying or selling a home. Do you have a question about how your home is being marketed? How it is in the MLS? How is the price? How is the competition? Buying a home, what do I need to do to get started? How do I get pre-approved? Can you show me houses? Do I specialize in your area? How many homes has my agent sold before? Questions along this line are good things to ask. If you have a deed question or legal question, these type of questions need to be addressed to a real estate lawyer. I would be happy to recommend one if you like by just giving me a call at 817-703-1165.
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Expert: Scott Killian www.SaveWithScott.com Date: 2/20/2008 Subject: Warranty Deed vs. Deed of Trust (Texas)
Question My husband and I purchased a home January 2005. We used only his name because it was easier. Since I have learned that when I try to take care of any problem I get the response that my name is not on the papers.
So, we refinanced our home February 2007 in order to put both our names on the property. Here is the problem I now do not understand.
The first purchase of the house was as a Warranty Deed. Which still shows up on the county search for owner of the property as my husband.
The second, refinance mortgage, was a Deed of Trust. I am told that I am still not considered an owner, just someone that is on the mortgage now. What it the world does that mean? Am I considered an owner as much as my husband or what?
Thanks for your response.
Answer The good news is that you are in TX which is a community property state so what is his is also yours. I hope you did not refinance just to do this as that would have been really expensive. If you have additional concerns, I would recommend you speak to a title company lawyer.