Warranty Deeds for Real Estate

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Commonly Asked Questions about Warranty Deeds for Real Estate

What is the main purpose of a warranty deed?

A warranty deed is a legal document guaranteeing that a propertys seller has the legal right to sell the property and that there are no outstanding debts or legal claims against it.

What is the difference between a warranty deed and a deed of trust?

A warranty deed ensures a buyer that the property is owned by the seller and is able to be sold without any encumbrances. A deed of trust is used in certain states, and represents a buyers guarantee with their lender to repay the property loan as scheduled.

What is the most common type of warranty deed?

A general warranty deed is the most common type of deed used for transferring real estate. It basically promises that: not only does the seller have good and proper title to sell the property, but all the prior owners also had good title, thus making a complete chain of ownership; and.

Who benefits the most from recording a warranty deed?

Who Benefits the Most from Recording a Warranty Deed? The buyer, or grantee, of a property benefits the most from obtaining a warranty deed.

What are the risks of a warranty deed?

The primary risk associated with a Special Warranty Deed lies in its scope of protection. This deed only covers the period the grantor owned the property, meaning the buyer takes on a risk of potential issues arising from before that period, which the grantor is not obliged to address.

What are the pros and cons of a warranty deed?

Warranty deeds protect the buyer by guaranteeing a clear title and give the current owner the legal right to sell the house. For sellers, warranty deeds can delay the home selling process and come at an extra cost.

What are the disadvantages of a special warranty deed?

Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.