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A general warranty deed guarantees the property is free and clear of any liens and that the seller has the authority to sell the property. A warranty deed provides a buyer with the most protection.
What is the most common type of warranty deed?
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.
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.
What type of deed is best for the seller?
When committing to a general warranty deed, the seller is promising there are no liens against the property, and if there were, the seller would compensate the buyer for those claims. Mainly for this reason, general warranty deeds are the most commonly used type of deed in real estate sales.
Which deed contains the strongest warranty?
A general warranty deed is the gold standard of property transfers. This type of deed is overwhelmingly used in residential purchases. Most lenders require a warranty deed for properties they finance. It offers buyers the greatest possible protection from future claims against the title.
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A Warranty Deed is the strongest deed and warrants to the Grantee: That the Grantor has not previously conveyed the estate or any interest therein to anyone except the Grantee; and. The estate is free from encumbrances.
Which deed has the most protection?
A general warranty deed guarantees the property is free and clear of any liens and that the seller has the authority to sell the property. A warranty deed provides a buyer with the most protection.
What is another name for a warranty deed?
These deeds include: 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.
Does Montana allow transfer on death deed?
For convenience and simplicity in estate planning, Montana law allows for transfer on death deeds (TOD deeds)a deed, executed and recorded during the lifetime of the grantor(s), which allows real property to pass to the designated beneficiaries outside of probate.
What is a special warranty deed in Montana?
A Montana special warranty deed is a document that allows for the legal transference of real estate. The person selling the property is generally known as the grantor, while the person purchasing the property is known as the grantee.
Related links
Wagner v. Cutler: Novel Interpretation of a Warranty Deed
by MC Hesse 1990 After clarifying warranty deeds, this casenote considers the effects of the decision on conveyancing in Montana and provides guidelines for lawyers to follow
Chapter Twenty-Five - Montana Department of Transportation
524 (Warranty Deed Individual). Used when grantor(s) is an individual conveying total property to MDT. The property is described using the legal description
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