When negotiating the purchase of a real estate, your lawyer may inform you that the dealer wants a special warranty deed to transfer property. You may be wondering, what is a warranty deed?
In exchange for an agreed-upon price, warranty deeds transfer ownership of property or land to a new owner. Warranty deeds are preferred methods of transfer because they provide the grantee (buyer) with guarantees that the property is free of debts or other liens and the grantor promises to sell the grantor-owned property.
Often referred to as full covenant and warranty deeds, warranty deeds contain six principal promises (or covenants) made by the grantor to the grantee:
The grantor promises to describe the land being transferred in the deed.
The Grantor certifies that he or she has the legal authority to transfer the property to the Grantee.
The grantor guarantees there are no hidden mortgages, covenants, or easements that would burden or lower the property’s value.
The grantor promises to defend the grantee’s title to the property in the event a challenge arises.
The Grantor promises to defend the grantee’s property against future encroachments.
The grantor promises to resolve any future issues with the title.
If you use the wrong warranty deed, you could face disastrous consequences. For instance, losing ownership rights to real property.
The Warranty deed is one of the property forms and agreements. Some of the most popular options include:
Borrower, lender, and trustee are all parties to the deed of trust, and it specifies their legally binding relationship.
A real property purchase agreement is a document between a buyer and seller who want to buy a home or other real property.
Mortgage agreements establish a legally binding relationship between the borrower and the lender.
The grantor (or the current owner/seller) releases his or her ownership rights in a piece of real estate to the grantee by way of a quitclaim Deed.
With a warranty deed, an owner claims the right to transfer real property to a new owner (e.g., land, home, or building).
A full warranty deed (general and special) protects both the grantors and grantees when they are not related.
The general and special warranty deeds act as both warranties and proofs of ownership, unlike quitclaim deeds. In contrast to simple transfers of ownership or inheritance (for which a quitclaim deed would be more appropriate), they are best suited to the sale of real estate.
Whoever owns the property currently.
The individual or corporation who will receive the transfer of ownership.
Addresses of both parties (not P.O. boxes).
An estimate of the purchase price, if any.
On your property deed, the legal description identifies the property being transferred.
You can find the parcel number on the property’s tax statement, but if you can’t locate it, you can also contact the city, county, or court office where you pay the taxes for assistance.
Witnesses are sometimes required to witness the deed the owner is signing.
Notary publics witness the signature on the deed is authentic.
There can be serious consequences if you use the wrong warranty deed because it may be confused with other related legal action documents. You could lose ownership rights to real property, for example. Our blank warranty deed form helps get you on the right track.
With our free warranty deed template, owners can transfer whatever rights and titles they have to real property to a new owner. There are also exceptions allowed in this sample, such as easements and life estates.
Our free warranty deed example allows you to create a legally binding warranty deed (special or general) in minutes. You can create a warranty deed by selecting your state and entering the required information.
The County Recorder’s office can place their seal on the warranty deed at the top. The property taxes must also be paid in full before the county recorder will record the deed.
Upon transfer of the property, the grantor must have the legal capacity to do it, and the grantee must be able to accept the grant. Grantor and grantee must be identified in a way that can be determined.
A description of the property must be adequate. Operative conveyance terms must be included. It is necessary to provide the necessary legal language in standard form deeds to transfer the property.
When completing the paperwork, make sure you include all the pertinent information.
This form will include a heading called “Prepared By.” In most cases, the grantor will prepare the document, but any person may prepare and submit this document on the grantor’s behalf as well (provided the grantor signs this form).
There may be some confusion regarding where concerned governmental agencies should be sent official documents once this document has been issued and recorded. “After Recording Return To” should include this information.
Choose the heading “General Warranty Deed.” The initial section of the form will display the general language required. However, you must provide information specific to the parties involved and the deed.
On the second page, the grantor should read the statements. Two grantors can sign below this. A grantor must sign at least one of these sections. Signings should be witnessed by two witnesses and a notary public.
On the line labeled “Grantor Signature,” the grantor must sign his or her name. Below this, the grantor must print his or her name. The grantor can also do this by using the last two blank lines of the grantor’s signature area (Address and City, State, & ZIP).
Under the heading “In Witness Whereof,” there will be space for two witnesses to sign. Witnesses must sign and print their names, in addition to providing their addresses.
A Notary public will notarize this document on the last page. The only person who can fill out this section is the person whose signature is on the document. Once the notary has supplied these items, he or she will then supply the required credentials and notarization seal for the document to be complete.
From this page, you can access the printable warranty deed form. With the appropriate browser or program, you can work on this form directly on screen, or print it and fill it out.
Upon completing and executing the form in accordance with state law, you must record it at the Registry of Deeds (or another county/town office). In your local land records office, sometimes called the County Recorder’s Office, Land Registry Office, or Register of Deeds, your warranty deed should go into the public records. Your local courthouse (in larger cities, it’s a separate office) usually houses the land records office.
The clerk will stamp the warranty deed with the date and the page and book number where the document can be found in the court’s files. In most cases, the recording office charges around $15 per page for recording a warranty deed.
Land and property are valuable, which is why a notary must always witness the signing of the deeds. The County Recorder’s office should put their seal at the top of your warranty deed. Before filing the deed, make sure that all property taxes have also been paid in full.
When you use this general warranty agreement PDF, you assume all responsibility and liability. No legal responsibility is retained by Lawrina for the legal document’s accuracy, reliability, or functionality.
The unprofessional use of this legal form or other templates on this website could result in direct or indirect losses or damages. By downloading, printing, or using this agreement, you accept all liability for any loss or damage you may suffer.
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