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    AmyShallFind's Avatar
    AmyShallFind Posts: 33, Reputation: 1
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    #1

    Jul 2, 2009, 08:28 PM
    Grantee signature missing from deed.
    Hi, I know this is an old thread but the answers provided on here explained the difference between Quit Claim and Warranty Deed. I was going over paperwork for a property that I had purchased from HUD a few years back and noticed that the Warranty Deed does not have my signature as the Grantee. Doesn't the Warranty Deed need signatures from the Grantee(s) like the Quit Claim does? Or am I overlooking something here?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jul 2, 2009, 08:53 PM
    The only time any deed should require the grantee's signature is if the deed contains special conditions for the grantee. For example, when buying a condo the deed requires the grantee's signature because the grantee is agreeing to become a member of the condo association and be bound by their rules.

    A warranty deed in general should not require the grantee's signature.
    AmyShallFind's Avatar
    AmyShallFind Posts: 33, Reputation: 1
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    #3

    Jul 2, 2009, 10:10 PM
    Thank you Lisa, that does make sense! But I still wonder on how they can verify who the correct person is when there are 2 people in the same family with the same name. For example, in my case, the Co-Owner is a "John J. Doe Jr" but the Warranty Deed does not have the suffix Jr on it, just John J. Doe. To me, it would appear that the father is on the Deed. Wouldn't this be a problem?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jul 3, 2009, 05:25 AM
    Quote Originally Posted by dgreen View Post
    ... Will they only defend the years they researched? Am I making a mountain out of a molehill?
    Yes, you are. The title company will defend the title, period.

    Someone said that QCs are more common. I doubt that. Quit Claim deeds are for situations where you didn't expect to have any interest in the property but someone asks you to sign off on whatever remote interest you may have, just to be safe. In your situation it isn't like that. You are actually selling the property. Therefore you should warrant your deed. In the remote chance that some issue comes up, the title policy will protect you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 3, 2009, 07:03 AM

    First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

    This is why one should have a professional prepare a deed. A professional would check the legal name of the grantee and make sure its entered correctly.

    But, yes, the Title insurer will have a record and will defend the title. You might check with them about correcting the deed to make sure there is no mistake.

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