About Eric Sexton Expertise All aspects of buying and selling homes including: General real estate questions, Contracts, Negotiations, surveys, title work and general questions about mortgages. I CAN NOT GIVE LEGAL ADVICE AND WILL NOT BE ABLE TO ANSWER QUESTIONS WHERE LEGAL ADVICE IS NECESSARY.
Experience
I have been a real estate agent for 6 years and a broker for 2 years.
Organizations National Association of REALTORS and Texas Association of REALTORS.
Expert: Eric Sexton Date: 7/9/2007 Subject: Warranty Deed
Question Non-contested divorce has been filed, I'm in the 60 day wait period. Is it possible for us to complete a Warranty Deed granting the property to me now, so that construction on a new house can commence?
Answer Probably. I would check your current mortgage papers (if there is a current mortgage) or call your mortgage company to see if there is an acceleration clause that might be triggered. The acceleration clause would basically state that if the property is sold (or the deed is changed) before the mortgage is paid off, the mortgage company can demand payment in full.
I would then contact a local title company and have them draw up the necessary paperwork to make sure there aren't any problems with the transfer.
