Warranty Deed from Husband and Wife to a Trust - Arkansas 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the names of the Grantors (Husband and Wife) in the designated fields, ensuring accuracy for legal purposes.
  3. Fill in the Grantee's name as Trustee of the Trust, along with the trust's date. This is crucial for identifying who will hold the property.
  4. Provide a detailed legal description of the property being transferred. If you have an attachment (Exhibit A), ensure it is correctly referenced.
  5. Complete any exceptions or reservations regarding oil, gas, and minerals if applicable, as well as any easements or rights-of-way.
  6. Both Grantors must sign and print their names at the bottom of the form. Ensure that all signatures are dated appropriately.
  7. Have a Notary Public witness the signing and complete their section to validate the document legally.

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The key difference between the two is that with a warranty deed, the grantor is guaranteeing that they will defend the title of a property, in the present and in the future. This leaves an opening for the grantee to sue the grantor if any issues with the title arise, at any point in time.
A warranty deed ensures a buyer that the property is owned by the seller and can 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.
Trust Deed - An instrument used to create a mortgage lien by which the mortgagor conveys his or her title to a trustee, who holds it as security for the benefit of the note holder (the lender); also called a Deed of Trust. Trustees Deed - A deed executed by a trustee conveying land held in a trust.
The main difference between a deed and a deed of trust is that a deed is a transfer of ownership, while a deed of trust is a security interest. A deed of trust is used to secure a loan, while a deed is used to transfer ownership of a property.
If a cohabiting couple with a Declaration of Trust gets married, the deed will be superseded by the Matrimonial Causes Act 1973. Among other things, this act dictates how a court can act in settling a divorce, including what powers the court has to determine how property owned by the married couple is managed.
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