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The warranty deed not only gives the grantor the legal right to sell the home but also confirms that the property has no title issues or concerns.
Does a warranty deed override a will?
0:09 1:46 A deed is a legal document that transfers ownership of real property. A will on the other hand is aMoreA deed is a legal document that transfers ownership of real property. A will on the other hand is a legal declaration of a persons wishes regarding their assets.
Is a warranty deed proof of ownership?
No, a warranty deed does not prove ownership. A title search is the best way to prove that a grantor rightfully owns a property. The warranty deed is a legal document that offers the buyer protection. In other words, the property title and warranty deed work in tandem together.
How do I transfer a deed in Montana?
The grantor must sign a quitclaim deed and acknowledge it before a notary public. The grantor then records the deed with the Clerk and Recorder in the county where the real property is located. Recording a quitclaim deed provides notice to all subsequent mortgagees and purchasers there is a new owner of the property.
How do I transfer a warranty deed?
Both the grantor and the grantee must sign it, usually in the presence of a notary. Then the deed must be filed in the county registrars office to be legally enforceable. Once filed, the legal transfer of the property is complete.
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A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that they hold title to a piece of real estate.
What is a corporate warranty deed?
A warranty deed holds the seller, or grantor, responsible for any breach after the title search, even if the breach occurred without their knowledge or during a period before the grantor owned the property. It ensures that the buyer will not be responsible for any past title defects or encumbrances.
Why would someone do a warranty deed?
A Warranty Deed can protect the seller from legal implications if disputes arise after the transaction. The grantor assures the grantee they are responsible for past discrepancies, thus protecting the buyers interests.
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Wagner v. Cutler: Novel Interpretation of a Warranty Deed
by MC Hesse 1990 This casenote analyzes the portion of the Montana Supreme Courts opinion that discusses the interpretation of the special warranty deed given by the grantor.
(1) A transfer by deed of trust of an interest in real property may be made to secure the performance of an obligation of the trustor or of any other person
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