Q: Recording a Cancellation of Transfer on Death Deed
I recorded two documents with County Clerk on same day: (1) Cancellation of Transfer on Death Deed (using Texas Transfer Toolkit Dec 2015 form) to revoke a TODD I recorded in Jan 2016 and (2) revised TODD which carries the Document Number following the one assigned to the Cancellation. [Cancellation form dated/notarized June 3, 2024. New TODD dated/notarized June 20, 2024.] My concern is the wording in Item 4 in the Cancellation document: "I cancel all my previous transfers of this property by transfer on death deed". My Question: Does the recorded Cancellation unintentionally revoke the new TODD because both documents were recorded on SAME day or does the succession of Document Numbers legally establish that the Cancellation was recorded first that day and thus revokes ONLY the TODD from 2016 ?
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A: You definitely have a title problem. Hire a TX attorney to search the title, then draft some replacement deeds and some correction deeds. The consideration clauses should explain what each deed's purpose is, and will also need extensive derivation of title clauses to avoid confusion.
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