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Video Guide on Special Warranty Deed Transfer management

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Commonly Asked Questions about Special Warranty Deed Transfer

A Special Warranty Deed, also known as a Limited Warranty Deed, offers less protection than a General Warranty Deed. The seller only guarantees that they have done nothing during their ownership to encumber the property. It does not cover any issues that may have arisen before they took ownership.
The main difference between a grant deed vs. warranty deed is the level of protection offered. A warranty deed offers a higher level of protection than a grant deed. With a grant deed, the grantor is guaranteeing that they havent sold the property to anyone else, and that it is clear of any liens or restrictions.
There are multiple types of deeds in Virginia, including General Warranty Deed, Special Warranty Deed and Quitclaim Deed.
A quitclaim deed is usually the weakest deed because it offers the least amount of protection. Quitclaim deeds are often used to transfer ownership between spouses or family members, while a general warranty deed is used for arms-length transactions.
While a general warranty deed promises that the property has no outstanding mortgages, debts, liens, or encumbrances on the property now and from all previous owners of the property, a special warranty deed only promises this to be true during the period the grantor owned the property.
A general warranty deed is the most common type of warranty deed in the United States. It offers the highest level of protection to the buyer because it guarantees that there are absolutely no problems with the home even dating back to prior property owners.
While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.
This offers a more limited protection for the buyer. In summary, the guarantee offered by a general warranty deed but not a special warranty deed is the sellers defense against all claims against the propertys title, regardless of whether these claims arose before or during the sellers ownership period.