Special Warranty Deed from Two Individuals, or Husband and Wife, to a Trust - Arizona 2025

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Buying a house with a special warranty deed can be a viable option, but its essential to understand the implications and the steps to take to protect your interests. This type of deed provides limited protection, covering only the period when the seller owned the property.
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.
Warranty Deeds are used in most home sales between unrelated parties because they offer the most protection for buyers without established trust. If any title issues arise after a sale, a Warranty Deed ensures that the seller remains responsible. There are two types of Warranty Deeds: special and general.
For real estate, you will need to prepare and execute a new deed transferring the property to the trust. This deed is typically called a Quitclaim Deed or a Warranty Deed depending on the circumstances. If the property owner has a mortgage make sure to consult with the mortgage lender beforehand.
In the state of Arizona, the special warranty deed form will provide a limited warranty of title. What is sometimes known as a conveyance deed, with this type of deed, the party that is transferring a piece of property guarantees that they have not done anything that would cause problems with the title.
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People also ask

You can sell as a warranty deed but this means you are warranting clean title and the buyer can come back to you, you should only provide a warranty deed if theres a title company/title insurance being purchased.
In reality, a warranty deed does not directly prove ownership but guarantees that the property is free of liens and that the seller has the legal right to sell the property. This guarantee provides a significant level of protection for the buyer, facilitating a smooth and secure transfer of property ownership.
The main disadvantages include limited protection for buyers, who may inherit claims or issues from before the sellers ownership. Buyers must investigate the propertys history, which could lead to unexpected costs or unresolved liens.

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