STEP 1
INFORMATION FOR DEED
Please provide the information needed to prepare your deed.
STEP 2
PAY ONLINE
We will email you an invoice for $195.
Pay securely online.
No account necessary.
STEP 3
RECEIVE YOUR DEED
Once payment is received, your deed will be emailed to you. Clear instructions on how to sign and record your deed will be included.
STEP 1
INFORMATION FOR DEED
Please provide the information needed to prepare your deed.
STEP 2
PAY ONLINE
We will email you an invoice for $195.
Pay securely online.
No account necessary.
STEP 3
RECEIVE YOUR DEED
Once payment is received, your deed will be emailed to you. Clear instructions on how to sign and record your deed will be included.
What is a warranty deed
A warranty deed is the basic staple of real estate property transfers. Most simply put, a warranty deed transfers property from one entity to another and contains a full or limited warranty of title.
These deeds are documents that provide a buyer of real property the most protection. They warrant or guaranty clear title to the buyer of real property.
A warranty deed pledges that the owner of the property owns the property free and clear of any outstanding liens or encumbrances against it that are not disclosed in the document.
When transferring property ownership
- The seller (grantor) conveys ownership rights to the property to the buyer (grantee) for a consideration, usually cash. It may also be a gift.
- By signing a warranty deed, the seller is promising that the property title is free and clear of any undisclosed claims.
Types of Warranty Deeds
General Warranty Deed
A general warranty deed is the gold standard of deeds and is the most common deed used in real estate transactions. It conveys full rights of ownership and disposal to the buyer as well as provides the buyer with the most protection as it contains both unlimited implied and express warranties. With a general warranty deed, the seller also guarantees that the title should withstand any third-party claims to ownership of the property.
With this type of property deed, the seller warrants or guarantees that he or she is the rightful owner of the property and that he or she has the legal right to transfer title of the property. This deed guarantees an “unbroken chain” of title from the sovereign to the present day.
The seller further pledges that there are no undisclosed encumbrances against the property and that there are no pending legal actions or other title issues.
For example, encumbrances could be
- easements
- long term leases
- judgement liens against the property
- anything else that effects the use of the property
Good to know: A couple of ways to remove liens might be to pay off the lien or, in some cases, the lien may expire.
Making sure there are no encumbrances is just one example why it is important to have a knowledgeable and experienced real estate specialist looking out for your interests.
General Warranty Deed
A general warranty deed is the gold standard of deeds and is the most common deed used in real estate transactions. It conveys full rights of ownership and disposal to the buyer as well as provides the buyer with the most protection as it contains both unlimited implied and express warranties. With a general warranty deed, the seller also guarantees that the title should withstand any third-party claims to ownership of the property.
With this type of property deed, the seller warrants or guarantees that he or she is the rightful owner of the property and that he or she has the legal right to transfer title of the property. This deed guarantees an “unbroken chain” of title from the sovereign to the present day.
The seller further pledges that there are no undisclosed encumbrances against the property and that there is not any pending legal actions or other title issues.
For example, encumbrances could be
- easements
- long term leases
- judgement liens against the property
- anything else that affect the use of the property
Good to know: A couple of ways to remove liens might be to pay off the lien or, in some cases, the lien may expire.
Making sure there are no encumbrances is just one example why it is important to have a knowledgeable and experienced real estate specialist looking out for your interests.
Special Warranty Deed
This deed differs from the general warranty deed in that a special warranty deed only guarantees the seller who currently owns the property has not faced any title issues during the time of his or her ownership of the property.
With a special warranty deed
- Seller warrants title only from the time he or she acquired ownership.
- Seller is only bound to defend against undisclosed defects that occurred during his or her time of ownership of the property.
- Seller guarantees that a buyer will not be subject to legal action or title issues ensuing from the current seller’s ownership of the property.
A special warranty deed is more restrictive as the seller is only bound to defend against title defects occurring during his or her ownership.
Good to know: If you are unsure of the history of the property, it is best to avoid a special warranty deed. It is safer to utilize the general warranty deed if possible. A real estate specialist will help you navigate the pros and cons of the appropriate deeds.
Deed Without Warranty
This deed is a conveyance of property without any warranties, expressed or implied. The seller is not bound to defend against any title defect no matter when it may have occurred.
Sometimes a seller is only willing to enter into the conveyance on condition that:
- He or she has no liability for doing so.
- Buyer assumes the risk of this uncertainty.
Important to note: A deed without warranty is considered a lower form of deed but, nonetheless, it is effective in transferring title.
It is not recommended to obtain property unless you also are able to obtain title insurance.
Good to know: Rules for a deed without warranty, sometimes known as a non-warranty deed, vary from state to state. It is advisable to enlist the help of a knowledgeable real estate specialist when deciding which deed is appropriate for your needs.
Warranty deed forms
As a property deed transfer can often be a complicated process with subtle but important differences, it is not advisable to use a “do it yourself” fill-in-the-blank warranty deed form.
Good to know: It is imperative to be sure that you use the correct warranty deed which gives you the protection you need when transferring property ownership.
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