Replace Calculations into the Warranty Deed

Aug 6th, 2022
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How to Replace Calculations into the Warranty Deed

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In this video, attorney Robert Flesses addresses a question from viewer Gina regarding the process of converting a quit claim deed to a warranty deed after purchasing a foreclosure. Flesses explains that a quit claim deed only transfers the seller's existing rights and interests at the time of sale, without providing additional guarantees about the title. He emphasizes that it is not possible to "convert" a quit claim deed into a warranty deed, as they serve different legal purposes. The video aims to clarify the limitations of quit claim deeds and inform viewers about the implications of such transactions in real estate.

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A warranty deed (sometimes called a general warranty deed) is a form of deed that provides a full guarantee of title to real estate. This guarantee covers acts taken by all previous owners in the chain of title.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
These requirements include a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title. The deed must also meet the font size, margin, and page format requirements of Texas recording laws and include the statutory form of notary acknowledgments.
A grant deed, also known as a special warranty deed, is a legal document used to transfer ownership of real property. A special warranty deed only warrants against problems in the property title that occurred during ownership of the property.
The Warranty Deed is the most common way of transferring title because it carries assurances guaranteed by the seller warranties. Homebuyers want these types of promises and lenders often require a Warranty Deed in order to qualify for financing.
Nominal Consideration Most deeds recite nominal consideration (e.g., the sum of $10.00). This keeps the actual consideration private and is common practice in most states. Actual Consideration Actual consideration is sometimes used if the parties want to publicly document the purchase price paid for the property.
A warranty deed or quit claim deed TRANSFERS TITLE or OWNERSHIP of real property.
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.

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