Quitclaim to cancel a Quitclaim?

[nct53]

My jurisdiction is: Terrant County, Texas

I have a mortgage on a home I live in, with no second mortgage and no heirs.

In 2006 I executed a Quitclaim Deed on this property to transfere my interest to a friend as a guarantee on a loan. This was recorded in the County Clerk's office.

Now the loan has been paid back, and we were going to do another Quitclaim Deed to have him give me back the rights.

Is this the proper way to "cancel out" the first Quitclaim Deed?

Second, If I wanted him to return all rights, ACCEPT him maintain mineral rights, what sort of "deed" would accomplish this?

 

[dee_dub]

I waS going to say, if it hadn't been filed, just have him destroy it. Since it has been filed, might be possible for the two of you to agree to have it rescinded. Consult with the county clerk. If that is not possible, he can quitclaim the property back to you.

How he retains mineral rights depends on how you get the property back. Either he quitclaims it back to you, excepting mineral rights; or your quitclaim is rescinded, and you deed the mineral rights to him separately.

I would go with "he quitclaims it back to you" and "you deed the mineral rights to him" for clarity's sake. I'd consult with a local real estate lawyer to ensure you do this correctly.