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Tarver Abstract Company - Deeds Special warranty deeds are insurable when given by a lien holder after foreclosure and by a financial institution acting as the representative of an estate or trust. A deed without warranty may convey all the right, title, and interest of the grantor at the time of its execution, as fully as one with a warranty, as the covenant of warranty adds nothing to the deed insofar as it operates as a conveyance of an existing right. But the classification of a particular deed as a quitclaim or a deed without warranty, in some cases, may be quite difficult, as this is a question of intent to be gathered from the four corners of the instrument itself. www.tarverabstract.com /deeds.htm   (1230 words)

Understanding quitclaim deed, warranty deeds In contrast, a deed isn't a promise to convey; it is the conveyance itself. Deeds in rural areas might use meets-and-bounds descriptions of the boundaries, which identify where the property lines are in relation to landmarks. The warranty deed says that the grantor is the rightful owner and has the right to transfer the title; that there are no outstanding claims on the property from lenders using it as collateral, or from other creditors, and that the property can't be claimed by someone with a better claim to the title. www.bankrate.com /brm/news/mortgages/20040826a1.asp   (701 words)

Utah Deed Forms - Warranty and Quitclaim - Free FAQ Warranty Deed - If a deed is intended to be a general warranty deed, it should contain a phase specified by state law such as the phrase "conveys and warrants". Like the general warranty deed, the special warranty deed should contain the appropriate language such as "conveys and specially warrants." Usually, the grantor warrants that he or she did nothing to impair title during the period the grantor held the title. This is contained in the deed where the grantor obtained title to the property and should be used in the deed where the grantor conveys the property exactly as written in the grantors deed unless not all of the property is being conveyed. www.uslegalforms.com /deedforms/utah-deed-forms.htm   (1745 words)

Warranty - Wikipedia, the free encyclopedia In commercial and consumer transactions, a warranty is an obligation that an article or service sold is as factually stated or legally implied by the seller, and that often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty. An implied warranty is one that arises from the nature of the transaction, and the inherent understanding by the buyer, rather than from the express representations of the seller. A warranty is violated when the promise is broken; when goods are not as should be expected, at the time the sale occurs, whether or not the defect is apparent. en.wikipedia.org /wiki/Warranty   (2019 words)

General Warranty Deed   (Site not responding. Last check: 2007-11-03) The deed most commonly used today, and the one much preferred by title companies, is the general warranty deed. Express Covenants: Generally, the grantor’s warranty extends to all cases involving a failure of title to land purportedly conveyed by the deed. The covenant of warranty in a deed is an express covenant, and a Texas statute provides that no person shall be obligated to insert a covenant of warranty in any conveyance. www.wisetitle.com /genwarranty.html   (323 words)

Deed Types There are three types of deeds commonly used to convey land: (1) warranty deed (or a general or full warranty deed); (2) special warranty deed; and (3) quitclaim deed (or a deed without covenants). [5] Accordingly, in a special warranty deed the grantor’s warranty is limited to defects or encumbrances caused by the grantor’s acts or omissions, or those who hold by, through or under the grantor; it does not warrant against defects that arose from someone else prior to the grantor’s ownership, unlike a warranty deed. § 57-1-12 (2006) for the warranty deed statutes in Arizona and Utah. www.mitchelllaw.com /deed_types.htm   (498 words)

Quit Claim & Warranty Deed Forms A Quitclaim Deed is a form used to transfer ownership the seller may have in real estate to the buyer, but does not guarantee there are no other claims against the property. In general, Quitclaim and Warranty Deed forms are easy to use and when filled out properly can be used in all states. It is not only smart, but time saving to have both a warranty deed and a quitclaim deed to cover your possible needs when transferring title to property. www.orionbusinesscenter.com /public/142.cfm   (313 words)

Warranty Deed Form LawDepot.com To transfer property to a trust using the warranty deed, you will need to know the name of the trust, when it was created, and the number and name of the trustee(s). A. A general warranty deed will open you up to more potential liability than a special warranty deed, so you should only use a general warranty deed where you are extremely confident that no one else will make a claim against the property. A special warranty deed should be used when you are sure that no one will make a claim through your title, but are unsure as to whether there may be prior and superior claims against the property. www.lawdepot.com /contracts/warranty   (1726 words)

Different Deeds When you and your spouse own a house in joint tenancy, and if you're talking about conveying the house from one of you to another, you have three choices when it comes to the kind of deed you use, a general warranty deed, a statutory warranty deed, and a quitclaim deed. Saying as it does that the transferring spouse is warranting that he or she has not made an unauthorized transfer, it gives the transferee comfort without forcing the transferor to warrant circumstances he or she can't control. A general warranty deed is rarely used between spouses in divorce. www.divorceinfo.com /differentdeeds.htm   (434 words)

Warranty Deed vs Quit Claim Deed A warranty deed is a pretty basic deed that, for the most part, states the seller owns the property and there are no liens (debts, etc) against the property that will be transferred over. This deed ensures buyers that the property they are buying is actually owned by the person they are dealing with and they won't be met with any surprises later on. In the case of the warranty deed vs quit claim deed, the warranty deed is definitely the way to go. www.fsboamerica.org /Warranty-Deed-vs-Quit-Claim-Deed.cfm   (431 words)

PeetLaw -- Warranty Deed You are required to provide a warranty deed to the person who is buying your property. That warranty deed is a legal contract and it contains a number of promises that you are making to the buyer. In preparing the deed to give to the buyer, we need to exclude the encumbrances on your property from the promise that there are no encumbrances. www.peetlaw.com /seller_warranty.html   (252 words)

Real Estate Deeds in Texas Such a warranty is called the "warranty of title," and it is expressed in the form of a Warranty Deed. Even if the buyer is successful in obtaining a General Warranty Deed, however, the buyer runs the risk that a title problem might arise after the seller has died, moved away, or become insolvent. A Deed Without Warranty will rarely be appropriate in a sale transaction; however, because it offers much greater protection to the buyer without any additional risk to the seller it should be considered as an alternative whenever a Quitclaim Deed might otherwise be used. www.expertlaw.com /library/real_estate/Texas-deeds.html   (1023 words)

Deeds for Real Estate | Understanding Real Estate Deed Types   (Site not responding. Last check: 2007-11-03) The Warranty Deed is the most common type of Deed used in Oregon because it offers the best protection to the buyer. In other words, if a third party appears two years after the warranty deed has been delivered to the buyer, and claims to have an interest in the property, the seller is required to defend the title which was given to the buyer. Where a Warranty Deed guarantees that the seller owns the property, and is selling it to a buyer, and will defend the title and give the three promises, the Quitclaim Deed contains none of these guarantees. www.radiusland.com /types_of_deeds.htm   (590 words)

Sales Codes/Deed Types (www.ocpafl.org) Personal Representative's Deed (PR) - This type of deed is used when a person dies and has named an executor for the estate in a will, if there is no will or no one named a personal representative can be appointed. Trustee's Deed (TR)- Typically this is a mortgage and is handled through an attorney. Warranty Multiple (WM) - This property was conveyed by a Warranty Deed. www.ocpafl.org /docs/deed_codes.html   (844 words)

Warranty Deed By definition a warranty deed is a deed in which the seller fully warrants a good clear title to the property. Real estate is one example where a sample warranty deed can be used and for which a fee may be applicable. Warranty deeds are available for all states including Texas, Florida, Oklahoma, North Carolina, Missouri, Arizona, Illinois, Michigan and Georgia. www.legalmessenger.com /warranty-deed.htm   (145 words)

Warranty Deed, Trust, Quitclaim Deed Forms A warranty deed "warrants" to the buyer (grantee) that the seller (grantor) has the right to sell and the title is clear. The form of a warranty deed is defined by state statute and differs with each state. We offer warranty deeds based on the legal statutes of each individual state. www.humanresourcesupply.com /warranty-deed.html   (168 words)

Deed Info A warranty deed conveys full title to the land and warrants that title against defects such as tax liens, legal judgements and unpaid debts. In the transaction, the trust deed says that you agree to use the property as collateral guaranteeing that you'll pay the promissory note to seller(s). Whereas the warranty deed conveys all title and guarantees same, when you make a quit claim deed, you're saying, in effect, "whatever interest I may have in this land, IF ANY, I give to you". members.tripod.com /missouribackwoods/deed_info.htm   (153 words)

Warranty Deed The warranty deed is the most common type of deed used to transfer property from one individual or business to another. Warranty deeds usually require that a title search be conducted by a trained professional to ensure that the property is free and clear of liens or encumbrances. When the Tax Commissioner auctions a piece of property for non-payment of taxes, a tax deed, not a warranty deed, is issued. www.athensclarkecounty.com /~tc/warranty.htm   (109 words)

DMBA - Real Estate Deed Explanations Also may be used where seller is not in a position to make warranties as to entire history of title. Simplest form of deed as it only conveys whatever interest seller owns or may own; no warranties are expressed or implied. Other types of deeds are necessary under particular situations, but since their application is limited, no description need be given here. www.daytonmortgagebankers.com /consumers/deedexplainations.html   (439 words)

Florida Warranty Deed, Statute Compliant Deed Form Deed: a deed to real property which guarantees that the seller (grantor) owns clear title which can be transferred (conveyed). A "grant deed" generally is a warranty deed, while a "quitclaim deed" is not. We provide your Florida Warranty Deed in a kit containing 3 separate warranty deed forms: 1) for sale to an individual 2) for sale to a Husband and Wife 3) for sale to a Corporation. www.nupplegal.com /flwd.html   (476 words)

What's a Statutory Warranty Deed? - JLC-Online Forums It's a deed given by a seller to a buyer which guarantees that the quality of title is perfect from the beginning of time (I'm simplifying here, but close). A deed must be in writing and must be signed by the title holder in the presence of a Notary Public, and the notary's seal must be placed on the deed. By this deed, the grantor (seller) warrants that his or her title to the property is clear of all liens and claims except those stated on the deed, and promises to defend the grantee's (buyer's) title against any other claims against that title made by anyone else. forums.jlconline.com /forums/showthread.php?t=31688   (2263 words)

Quit Claim Forms and Warranty Deeds at propertytransferdeeds.com Our state-specific general warranty deeds, or "warranty deeds" can be used by any individual or married couple to deed your property to another. By using a warranty deed to convey the property and transfer ownership, you are telling the buyer that you have good title to the property, and that you can lawfully transfer the property to the buyer. Among the many situations in which quitclaim deeds are frequently used include divorce situations, when one spouse is transferring his or her interest in the property over to the other spouse, and in estate planning. www.propertytransferdeeds.com   (348 words)

Landmark Title South - "Explanation of Deed Types" B. Seller warrants title to be free and clear except as stated in deed. C. Although seller's warranties are desirable, title insurance has reduced their importance. C. Also may be used where seller is not in a position to make warranties as to entire history of title. www.landmarktitlesouth.com /main/deedinfo.htm   (467 words)

General Warranty Deed, Legal Information, Attorney Finder A General Warranty deed is a type of deed where the grantor (person with ownership interest) guarantees that he holds a clear title to a piece of real estate. A General Warranty deed is used in most real estate deed transfers, as it provides the greatest protection of any deed. Even though a general warranty deed provides the most protection amongst all other types of deed, there are situations where more protection for buyers is needed. www.legalmatch.com /law-library/article/general-warranty-deed.html   (362 words)

Frontier Properties Under a special warranty deed, the seller is not liable for any defects in the title attributable to his predecessors. A Quit-Claim Deed is a general release of all claims or rights to a parcel of land. In a general warranty deed, the grantor warrants the title against all defects, regardless of whether those defects existed before the grantor took title, or arose while the grantor held title. www.vikinglandinc.com /faq.html   (947 words)

Quit Claim & Warranty Deed Kit   (Site not responding. Last check: 2007-11-03) A Quitclaim Deed is one of the most important legal documents in American real estate. Despite its strange name, a quitclaim deed is a very important legal document. When you sell real property, a quit claim deed must be filed with the county in your state, transferring the property from the owner to the buyer, (the new owner.) Anyone with real estate will need one eventually. www.homestead.com /infoamerica/QCWDK.html   (298 words)

warranty deed definition - Dictionary - MSN Encarta warranty deed definition - Dictionary - MSN Encarta Search for "warranty deed" in all of MSN Encarta U.S. property guarantee: a deed that binds a seller of property to defend the security of the title against any claims that may arise against the buyer ca.encarta.msn.com /dictionary_1861710459/warranty_deed.html   (83 words)

Warranty deed transfers interest ANSWER: Your boyfriend should execute a warranty deed, not a quitclaim deed, to both of you as owners of a 50 percent interest as tenants in common. A: Your husband should sign a disclaimer deed, in which a spouse disclaims any interest in the real property acquired by the other spouse. After this disclaimer deed is recorded, you should execute and record a beneficiary deed to your son. www.azcentral.com /home/hb101/articles/0101combs01.html   (343 words)

Amazon.com: Quit Claim & Warranty Deed Kit from InfoAmerica: Software   (Site not responding. Last check: 2007-11-03) A Quit Claim Deed is one of the most important legal documents in American real estate. Despite its strange name, a quit claim deed is a very important legal document. When you sell real property, a quit claim deed must be filled with the county in your state, transferring the property from the owner to the buyer, (the new owner.) Anyone with real estate will need one eventually. www.amazon.com /Quit-Claim-Warranty-Deed-Kit/dp/B000B78S2O   (560 words)

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