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How to Replace List into the Warranty Deed

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In response to Gina's question about converting a quitclaim deed to a warranty deed after purchasing a foreclosure, attorney Robert Flesses explains that this transformation is not possible. When a seller provides a quitclaim deed, they only transfer the title and interest they had at the time of the sale, without any guarantees. Unlike a warranty deed, which assures clear title and protection against claims, a quitclaim deed offers no such security. Therefore, it's essential for buyers to understand that they cannot convert a quitclaim deed into a warranty deed, as the initial deed type determines the rights and guarantees received in the transaction.

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What is another name for a warranty deed?

A warranty deed or quit claim deed TRANSFERS TITLE or OWNERSHIP of real property.

What is the difference between a quit claim deed and a warranty deed in Indiana?

A warranty deed promises that the grantor holds good, clear title to a piece of real estate. It promises also that the grantor has the right and authority right to sell it to the grantee or buyer. A quitclaim deed, on the other hand, makes no promises about the quality of the title to the property.

What are the requirements for a warranty deed in Indiana?

To be valid, each Indiana warranty deed form must meet the requirements of Indiana law. These requirements include valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title, font size and page format requirements, and signature and notarization requirements.

What is a warranty deed for property in Indiana?

An Indiana general warranty deed is a type of deed with which a seller provides a warranty or guarantee that the property he or she is selling is free from other claims. In other words, the deed guarantees that if someone else claims ownership of all or part of the property, the seller will defend the buyer.

How do I transfer a warranty deed in Indiana?

General Warranty Deed Form Provides an absolute warranty of title that covers any title defects, including those that arose before the grantor acquired the property.How to Transfer Indiana Real Estate Locate the prior deed to the property. Create the new deed. Sign the new deed. Record the original deed.

Who can prepare a deed in Indiana?

Signing (IC 32-21-2-3) All deed must be executed by one of the following: judge, clerk of a court of record, county auditor, county recorder, notary public, mayor of a city in Indiana or any other state, commissioner appointed in a state other than Indiana by the governor of Indiana, clerk of the city county

What are the 6 covenants in a deed?

There are up to six express covenants that may be found in a deed: the covenant of seisin, the covenant of the right to convey, the covenant against encumbrances, the covenant of quiet enjoyment, the covenant of general warranty, and the covenant of further assurances.

How do I fill out a Texas warranty deed?

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.

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Replace List into the Warranty Deed