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General warranty deeds give the grantee the most protection, special warranty deeds give the grantee more limited protection, and a quitclaim deed gives the grantee the least protection under the law.
According to , a general warranty deed guarantees that: The grantor legally owns the property and has the legal right to transfer it. There are no outstanding mortgages, liens or other claims against the property by any creditor.
In California, quitclaim deeds are commonly used between spouses, relatives, or if a property owner is transferring his or her property into his or her trust. A grant deed is commonly used in most arms-length real estate transactions not involving family members or spouses.
The California TOD deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
A California special warranty deed allows the title to real property to be transferred with guarantees against claims and liens while the grantor owned the property. The buyer (grantee) will have to conduct a title search to discover any outstanding claims before the grantors ownership.
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General warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. Unlike a quitclaim deed, a general warranty deed does confirm a grantors ownership and a legal right to sell.
Obtain Certified Copy of Deed If you have lost or misplaced your original deed (or other legal document which has been recorded), you can obtain a certified copy from the Recording Office where the original document was recorded. A certified copy has the legal validity of the original document.
The buyer, or grantee, of a property benefits the most from obtaining a warranty deed. Through the recording of a warranty deed, the seller is providing assurances to the buyer should anything unexpected happen.
In California, warranty deeds are often used: When a buyer is purchasing residential property from a seller for full value; When the buyer does not intend to purchase title insurance; or. In other circumstances where the current owner is comfortable with the legal risk associated with an unlimited warranty of title.
Special warranty deedsalso known as grant deeds, covenant deeds, statutory warranty deeds, or limited warranty deedswhich limit the warranty to the period when the grantor owned the property; and. Quitclaim deedsalso known as quit claim deedswhich provide no warranty of title.

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