What exactly is a Warranty Deed? How is it different from a Quit deed or other deeds?
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What exactly is a Warranty Deed? How is it different from a Quit deed or other deeds?
From Warranty deed - Wikipedia, the free encyclopedia
A general warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to you.
From Quit claim deed - Wikipedia, the free encyclopedia
A quit claim deed is a legal document by which a person releases or "quits" any claim that they may have had to property.
A quitclaim deed provides the least protection of any deed, It carries no warranties at all and in some states it conveys only whatever interest the seller may have when the deed is delivered. In some states a quitclaim deed gives no rights, it merely says if the seller owns any interest in that property, it is being transferred, Now as long as the person does own it, and as long as there is no unknown liens, and as long as there is no hiden claimi, you are OK that is why a title search is so important.
Quitclaim are often used for transfers within family or if there is some cloud on the title.
A general warranty deed gives the buyer certain rights, the grator islegally bound by certain covernants or warranties,
In many states these warranties are usually implied by the use of certain words, such as convey or warrnat, these are normally in the wording grants, bargainis, sells and cney. But in some states they require that such warranties be expressly written in the deed itself.
You can have a geneneral warranty deed that gives many warranties.
Of these, a. covenant of sisin or that they warrnat that they are the owner of the property and have the right to sell or convey the title to it.
b. Covenant against encumbrances, in which the seller warrants that the property is free from any liens and encumbrances except those specifically stated in the deed.
c. Covenant of quiet enjoymnet, guarantees that the seller title is good against thied parties who might bring court actoins to establish superior title,
d. Covenant of further assurance, the grantor or seller promises to obtain and deliver any instrument needed in order to make the title good, for exaple if their spouse failed to sign away dower rights, the seller must deliver a quitclaimi deed executed by the spouse.
e. Covenant of warranty forever, they promice that at any time in the future if the title fails, they will compensate the buyer for their loss.
Now there are also special warranty deeds, in those they only allow or grant ONE of the promises, often that the person has the right to sell or is the rightful owner.
In some areas Grant deeds are replacing the warranty deed, and they only carry two warranties.
Then of course you have other forms of deeds
1.Bargain and sale deeds. Which is similar to a speical warranty deed
2. Deeds in trust and Trustee deed, when a deed is used to have ownership by a trustee or when the trustee is transferring title
3. and there are various deeds done by court order, executors deed, masters deeed, administrators deed, sheriffs deeds and many others
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