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While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.
A special warranty deed provides assurance that the property's seller owns the property in question and has not faced any title issues during this ownership. A special warranty deed guarantees that the buyer won't face any legal action or title issues as a result of the actions of the property's previous owner.
A special warranty deed provides assurance that the property's seller owns the property in question and has not faced any title issues during this ownership. A special warranty deed guarantees that the buyer won't face any legal action or title issues as a result of the actions of the property's previous owner.
It doesn't matter what type of deed you received when you purchased the home, you can sell the home by special or general warranty deed, although I'm not sure why you would want to sell by general warranty deed. Generally speaking, only the title company benefits from a GWD over a SWD if a title policy is being issued.
A warranty deed contains a guarantee that the grantor has legal title and rights to the real estate. A quitclaim deed offers little to no protection to the grantee. ... Warranty deeds ensure that the grantor has the right to sell the property, and guarantees that there are no liens or encumbrances against the land.
A Florida special warranty deed form is a type of deed that provides a limited warranty of title. When a person transfers property by special warranty deed, he warrants that he or she has done nothing that would affect his or her ability to convey good title to the transferee.
The best way to protect yourself as a buyer is to buy title insurance when you purchase the property. ... A special warranty deed provides the buyer with some guarantees about title, but it does not offer complete protection. However, these types of deeds can be acceptable if other protections are put in place.
Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.
This, in short, is a promise from the seller that he has legal ownership and that it is clear from mortgages, liens or any other claims that may affect the ownership of the buyer. In a warranty deed, the seller is held liable for damages if a problem is discovered with the title. This is different from title insurance.
In the absence of title insurance--which is not available for a quitclaim deed--the person receiving the quitclaim deed has no legal recourse because the deed itself states that only the interest of the grantor, if any interest exists, is conveyed.
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