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A warranty of title is a guarantee by a seller to a buyer that the seller has the right to transfer ownership and no one else has rights to the property. In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred.
Paired with title insurance, your warranty deed guarantees that the granter is the rightful owner and transfers these rights and title to you as the grantee or new owner of the property. With a warranty deed, your title is clear. However, both the warranty and quitclaim deeds are not sales documents by any means.
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.
In the warranty deed, the granter of the deed (the seller) guarantees that the title of the property does not have any encumbrances or claims. This is different from title insurance. This only protects you against such claims, but does not involve the transfer of the property from the seller to the buyer.
A Warranty Deed is a real estate document used when a property owner (granter) transfers land to a buyer (grantee), and wishes to make a guarantee that the property is free and clear of any encumbrances, like a lien or mortgage.
It pledges or warrants that the owner owns the property free and clear of any outstanding liens, mortgages, or other encumbrances against it. The two parties involved in a warranty deed are the seller or owner, also known as the granter, and the buyer or the grantee.
General Warranty Deed It is used when you are aware and confident that the title to your property is good and marketable. It is most commonly used for residential real estate transactions. A general warranty deed is a buyer's best protection against title challenges.
to protect a buyer by revealing whether a property has marketable title, one free of undesirable encumbrances. The buyer is legally responsible for knowing the condition of title, since it is a matter of public record. Recording a transaction also protects a buyer by replacing the deed as evidence of ownership.
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