Key points
- A forged deed is void and passes no title, even to a later buyer who knew nothing.
- A deed obtained by fraud or undue influence is generally voidable and must be challenged within the limitations period.
- A deed must describe the land with reasonable certainty under the statute of frauds (Tex. Bus. & Com. Code § 26.01).
- Many errors can be fixed without a lawsuit through a correction instrument or a new conveyance.
Deed problems we handle
Forged and fraudulent deeds
Deed fraud, where someone records a forged deed to a vacant lot, a rental house or an elderly owner’s home, is a growing problem in Harris County. A forged deed is void. We pursue cancellation, quiet title, and claims against the forger and anyone who knowingly participated, and we coordinate with title insurers and law enforcement where appropriate. Harris County also offers property fraud alerts through the County Clerk, which we recommend to every owner.
Undue influence and lack of capacity
When a parent signs over the family home to one child shortly before death, or an elderly owner transfers property to a caregiver, the other heirs may have claims. Texas courts examine the grantor’s mental capacity at the time of signing, the existence and exercise of influence, and whether that influence overpowered the grantor’s free will. These cases often overlap with probate and estate litigation.
Defective legal descriptions
A deed that doesn’t identify the land with reasonable certainty may be unenforceable under the statute of frauds. We see this most often with homemade deeds, owner-financed sales and older rural conveyances. See our article, The Importance of a Reasonably Certain Property Description in Deeds and the Statute of Frauds.
Mistakes in otherwise valid deeds
Wrong lot numbers, missing exhibits, misspelled names, a missing spouse’s joinder on a homestead, or the wrong grantee entity can cloud title. Texas Property Code §§ 5.027–5.031 allow correction instruments for many nonmaterial and some material errors, with the right signatures and notice. Where the parties disagree, reformation based on mutual mistake may be available in court.
Deeds with conditions, reservations and restrictions
Disputes over reserved life estates, mineral reservations, rights of first refusal and deed restrictions require careful reading of the instrument and Texas construction rules.
Types of Texas deeds and why they matter
| Deed type | What the grantor promises |
|---|---|
| General warranty deed | Warrants title against all claims, including those arising before the grantor owned the property. |
| Special warranty deed | Warrants title only against claims arising by, through or under the grantor. Common in commercial deals. |
| Deed without warranty | Conveys whatever interest the grantor has, without warranty. |
| Quitclaim deed | Releases any interest the grantor may have. It may not convey title at all if the grantor owned nothing. |
| Transfer on death deed | Transfers property at the owner’s death without probate (Texas Estates Code ch. 114). It is revocable during life. |
| Enhanced life estate (“Lady Bird”) deed | Keeps the owner’s control during life with a remainder to named beneficiaries. |
Discovered a deed you didn’t sign?
Act quickly. Every day a forged deed sits in the record, the forger can sell or borrow against it. Call (346) 363-0334.
Remedies available
- Cancellation or rescission of the deed and recording of the judgment;
- Declaratory relief, quiet title or trespass to try title to establish ownership;
- Reformation to conform the deed to the parties’ actual agreement;
- Damages for fraud, including exemplary damages in egregious cases, and claims under the Texas fraudulent document statutes; and
- Injunctions and lis pendens to stop further transfers while the case is pending.
Deadlines
A void deed, such as a forgery, generally can be challenged at any time, but delay still creates risk because the property may be sold or mortgaged. Fraud-based challenges to voidable deeds are typically subject to a four-year limitations period, which may be extended by the discovery rule in some cases. Get advice before assuming you have time.