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Suppose that you are going to negotiate a piece of real estate and your attorney informs you that the dealer wants you to give a special warranty deed. Alright, that sounds good though but do you really know what is a warranty deed? These are legal matters and not every common man knows about them. However, you need not worry as you are not the only one and there are many who are in the same boat as you
Any seasoned real estate professional will suggest you to make negotiations for the real estate between both of you using a warranty deed. Only those who lack real experience may be unsure about using a warranty deed template and forms though it really makes the transactions easier in between the interested parties.
If you do not know much about a general warranty deed, a special warranty deed and a warranty deed template, then here is all you need to know.
What is a Warranty Deed?
A warranty deed is a form of document that is used between a buyer and seller to legally transfer a property. A warranty deed states that any owner can legally transfer a property and no one or no entity has lien or any claim on it, hence making the process easier. Usually, these warranty deeds are used in property sales.
It highlights legal description of the names of the grantee and grantor, description of the property, language conveying ownership from the grantor to the grantee. A warranty deed template is a valid ownership interest that actually secures the grantee against any future claims to the property. Every state has different form of warranty deeds depending upon the type of the title proportion and warranty that is being given to the buyer.
What is Included in a Warranty Deed Template?
A warranty deed is a sort of form that highlights some basic elements. You should understand the definitions of the basic elements involved in the warranty deed template to ensure a smooth process. The warranty deed template involves the following items.
This is the party, corporation or individual who currently owns the property.
This is the party, corporation or individual who is interested in buying that property and will be the new owner.
This is the physical address and does not involve any P.O. Box numbers of both the parties.
Consideration is the amount of money (if any) that is given for the property.
This is a piece of information that tells which property is being transferred and it is usually located on the property deed.
This is a number that is listed on the property tax statement. You can always call or visit the country, city or court office whether the property taxes are paid for more information if you face any trouble locating the parcel number.
These are people who witness the deed. Some states require the signature of the deeds to be watched over by people.
Notary is the legal representative or the attorney who transfers the needs of the property to a notary public. Then, it verifies the signature on the deed if it is authentic or not.
Lands and properties are really valuable items. This is the reason you must always get them notarized. Deeds are normally filed in the public records that are present in your own local land record which is often called as Register of Deeds, Land Registry Office or Country Recorder’s Office. If you are unsure about where to find the record office, you can visit the local courthouse instead.
A clerk will stamp your deed with the numbers indicating the page number and the book that can be found in the filing system of the court. Offices charge a small fee of around $15 per page to record your deeds. While this in not a fixed amount, it varies in every state. Also, you must ensure that your local record office has put their seal on the document and payment of all taxes has been made before filing deeds.
What are the Covenants of a Warranty Deed?
Warranty deed is a document that secures the buyers against any claims that can be made in the future by the seller. The two types of warranty deeds, both the special warranty deed and the special warranty deed ensure six covenants. Covenants are basically a promise or guarantee and these covenants are broken down into present and future. All the six covenants are explained below.
Covenant of Seisin
This is the form of covenant where the seller gives warranty that they are interested in selling the property to the buyer. If we breakdown about seisin, then this word is derived from the Middle Ages which was used for the possession of estate that is worthy to be held by any free man. Now the meaning of this word is that the seller has both the possession as well as the title of the property.
Covenant Against Encumbrances
In this form of promise, the seller guarantees the buyer that the physical property has no encumbrances or any sort of burden. an encumbrance is anything that can affect or limit the property for instance it can be any form of mortgage or lien to the title of the property. As a seller, you guarantee under this covenant to the buyer that the property is free from limitations.
Covenant of the Right to Convey
This is a promise made by the seller assuring that they have all the authority to convey the interest in the land that they mean to transfer. This is a very straightforward guarantee that is given by the seller to the buyer.
Covenant for Quiet Enjoyment
This is a promise made by the seller to the buyer which is quite clear with its name, meaning that buyer will not be disturbed in their possession of property by any third party. Disturbance here means that they will not be claimed. This promise extends to possession of the property and not to the title of the property. This covenant can be breached and violated if the buyer is disturbed in any way.
Covenant of Warranty
This is the type of covenant where the seller guarantees to the buyer that they will defend them against any sort of claims made by third parties, but they have to be reasonable for them to be entertained in anyway. Also, the seller assures them that they will be compensated for any sort of losses they face because of reasonable claims by the third parties. Generally, both the covenant of warranty and the covenant quite enjoyment are the same.
Covenant for Further Assurances
In this type, the seller assures the buyer that they will do anything that is reasonable to perfect the title to interest in land. This actually means that the buyer will be remedied in form of execution of legal documents by the seller if there are issues with the title. This covenant is not widely used in all states; so, you need to see to it in advance.
What are the Types of Warranty Deeds?
When a warranty deed for the real estate is signed, it conveys the title to an entirely new level. However, that depends on the type of warranty deed you are filing. Have a look at the three common types of warranty deeds on the basis of their purpose.
General Warranty Deed
A general warranty deed is among the most used deeds. It provides the greatest protection and conveyance to the grantee as it covers covenants and warranties that the seller wishes to convey with the title. Though the general warranty deed varies in every state because of the unique laws, generally, the same elements are being used in the deed that were mentioned above. It covers all six forms of covenants. This type of deed is used by people who permanently want to own the property.
Special Warranty Deed
A special warranty deed is a guarantee that is basically lesser than the general warranty deed. This is because the covenants in this form of deed are comparatively lesser. This deed also uses the same phrases as mentioned above in the basic elements but uses Grantor remises, conveys, alienates, and releases more. Also, there is no guarantee given of the same level as in general warranty. This type of warranty deed template is used by temporary real estate holders such as corporations, trusts and other fiduciaries. They usually do not occupy the land for longer. That is why they use a special warranty deed.
Quit Claim Deed
The quitclaim (or quit claim) deed is different from the two mentioned above. It has no warranties or covenants at all. The seller who demands for this form of warranty deed wishes to convey no covenants other than that the grantor or seller is interested in seeing the property. The real estate interest does not guarantee despite real estate interest is in full title. This is used in those cases where the seller does not want to assume guarantees for the title and further liability. Additionally, this form is also used by the sellers to cure title defect. Simply put, when the seller does not want to make any promises regarding the property, they opt for a quit claim deed.
What is the Difference Between the Three Types of Warranty Deeds?
All three types of warranty deeds mentioned above differ from one another in terms of health, quality and most importantly, protection of the property’s title.
|General Warranty Deed
|Special Warranty Deed
|Quit Claim Deed
|It has the greatest level of protection, covering all six covenants.
|It has medium level protection covering only a few covenants.
|It has the least amount of protection, covering none covenants.
|It guarantees title against all defects, even if the grantor did not cause them.
|It guarantees defects that are only caused by the current grantor only at the time they possessed the property.
|It guarantees nothing for the title; that is why it is used in intra-family divorce cases, tax sales and estate plans.
|It covers the entire history of the property from the time the grantor owned the property.
|It only covers the time period the grantor owned the property.
|It does not cover any period of time since the grantor owned the property.
|It is commonly used in transactions involving money exchange.
|It is also used in transactions that involve money exchange.
|It is used when there is no requirement for money exchange.
Here’s the table highlighting the differences between a general warranty deed and a special warranty deed and quit claim deed.
What Can be the Consequences of Not Using This Warranty Deed?
Those who think that a warranty deed is not at all important are mistaken. Without a warranty deed, you may find difficulty in purchasing the property. Also, the property you will purchase will not be free of debt or any other liens. In this way, the grantor will not even have the authority to sell the property. On the contrary, having this warranty deed will give you the right to all the remedies in form of claims or any money damages. Consequently, it is always better to keep a warranty deed when dealing with real estate properties.
When to Use a Warranty Deed?
You can use a warranty deed for the following reasons.
- When you are buying and selling the real estate property and wish to have guarantees and warranties against the problems with the title.
- When you want to own a business for real estate properties.
- When you want to finalize the purchase of property with a person.
- When you are transferring ownership of a property to a trust.
Having warranty deeds can help you secure your position from general warranty deeds, special warranty deeds and quit claim warranty deeds. If you think you require a warranty deed form now, you can download a warranty deed template from our main website.
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