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Who can draw up a warranty deed?
The two parties involved in a warranty deed are the seller or owner, also known as the granter, and the buyer or the grantee. Either party can be an individual or a business, and are often strangers to each other.
Does a warranty deed prove ownership?
A warranty deed is one type of proof of ownership; it shows the name of the owner and gives a brief description of the property. The previous owner or party granting you ownership signs the warranty deed, showing your rights to the property. A quitclaim deed is the other main type of property deed.
Does an attorney have to prepare a deed?
Legal Description The seller or the seller's broker will hire an attorney to prepare the real estate deed to ensure that all the requirements in the creation of a valid deed are met before the seller conveys title to the property. All real estate deeds must be in writing.
Does a warranty deed transfer ownership?
While a Warranty Deed guarantees that there are no other existing claims on the property, a Quitclaim Deed does not. Both deeds transfer interest in a property from a granter (property owner) to a grantee or buyer. In a Warranty Deed, the grantee is the person who the interest in a property is being transferred to.
How do I transfer a warranty deed?
To make the form legally binding, you must sign it in front of a notary public. You must then file your signed and notarized deed with the county office that's in charge of recording property documents. Once the grantee signs the warranty deed, he/she legally has ownership and claim to the property.
Does a warranty deed have to be prepared by an attorney?
Warranty deeds are simple, you do not need an attorney. Follow the steps and have the deed registered with the county.
Can a warranty deed be contested?
A warranty deed can be revoked. In most situations, the person signing the deed needs the cooperation of the person who received the deed to revoke it. If the deed was prepared for a property transfer as part of a typical sale, though, you probably will have to take legal action to revoke the deed.
What is the difference between a warranty deed and a special warranty deed?
A general warranty deed covers the property's entire history. With a special warranty deed, the guarantee covers only the period when the seller held title to the property. Special warranty deeds do not protect against any mistakes in a free-and-clear title that may exist before the seller's ownership.
What is a statutory warranty deed?
A statutory warranty deed is a form of real property conveyance in some states. It is typically an abbreviated form of a warranty deed, authorized by a statute that allows a deed in the statutory form to include the standard title covenants found in a warranty deed by implication, without the necessity of stating them.
Should I buy a house with a special warranty deed?
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.
Do you need title insurance with a warranty deed?
A warranty deed is no substitute for title insurance. Even if you already have a warranty deed, it is still recommended that you get title insurance. Then you can't claim against the warranty deed, but you can claim against your title insurance.
What is the difference between a special warranty deed and a limited warranty deed?
The fundamental difference between the two types of deeds is that a General Warranty Deed offers Buyers protection for any and all prior defects in the title; whereas, a Special/Limited Warranty Deed offers Buyers protection against only those defects created by a Seller during the period that the Seller owned the
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