Texas Senate Bill SB1637

Texas 2021 - 87th Regular

Caption

Relating to the delivery of a deed to a grantee and to the recording of a deed.

Impact

The changes introduced by SB1637 primarily affect how real property transactions are documented and enforced in Texas. By ensuring that deeds are both delivered to grantees and recorded within a defined period, the bill aims to bolster the integrity and clarity of property transactions. This can potentially enhance title security and help prevent disputes regarding property ownership. However, it also imposes new responsibilities on parties involved in real estate transactions, incentivizing them to adhere strictly to these requirements.

Summary

SB1637 proposes amendments to the Texas Property Code concerning the delivery of deeds and their required recording. Specifically, the bill mandates that once a deed is executed, it must be delivered to the grantee within a specified timeframe. The legislation further stipulates that the deed must be recorded in the real property records of the respective county no later than two years from its delivery date. If these conditions are not met, the deed is categorized as voidable, increasing the risks around property transactions and title legitimacy.

Contention

While supporters of SB1637 argue that these requirements will protect buyers and enhance transparency in property dealings, there may be concerns regarding the practicality of enforcing such regulations. Critics may question whether the two-year window is sufficient for grantees or if it may create unnecessary hurdles in property transfer processes. Additionally, stakeholders might raise concerns about the implications for continuity and the handling of deed deliveries in cases where parties cannot comply due to unforeseen circumstances.