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Commonly Asked Questions about Warranty Deeds Forms

Today, Californians most often transfer title to real property by a simple written instrument, the grant deed.
A warranty deed or quit claim deed TRANSFERS TITLE or OWNERSHIP of real property. When you purchase property, you usually receive a warranty deed from the seller to you to show that you now own the property.
Under a warranty deed, the transferor guarantees that the real estate is free from all encumbrances and that he will warrant and defend the title to the same against all lawful claims. IND. CODE 321212.1 The existence of a highway easement constitutes a bdocHub of a covenant against encumbrances.
Key Takeaways. A warranty deed protects the buyer and ensures that the seller holds a free and clear title to a property without any outstanding liens or mortgages. A warranty deed is a legal real estate document and protects the buyer against future claims to the title of the property.
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.
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.
General Warranty Deeds: A General Warranty Deed, also known as a full warranty deed, offers the highest level of buyer protection. It guarantees that the property is free from any liens or encumbrances, regardless of when they originated.
General warranty deeds give the grantee the most legal protection, while special warranty deeds give the grantee more limited protection. A quitclaim deed gives the grantee the least protection under the law.