Warranty Deeds - What Is A Warranty Deed

USLegalforms offers online warranty deed forms of the highest quality at low prices. Whether you need a general warranty deed, special warranty deed, limited warranty deed, grant deed, or any other property deed transfer form, we have the finest forms available. Unlike many generic forms that are offered as state forms, our forms are drafted to comply with the law in each state, and regularly reviewed by attorneys to keep up with the latest legislative changes.

What Is a Warranty Deed? What Is A Special Warranty Deed

A deed is the crucial legal document that’s recorded in the land recorder’s office to complete a real estate sale. The recording of the property deed transfer form is what puts the new owner(s) on record as the titled owner. A warranty deed form is a commonly used way to transfer a property title. This form offers more assurances to the new owner of a real estate listing than a quit claim deed does. The current owner(s), referred to as the grantor(s), and the new owner(s), referred to as the grantee(s) can be individuals or representatives of entities, such as a trustee of a trust or officer of a corporation.

Characteristics of a Warranty Deed Warranty Deed

Unlike a quit claim deed form (sometimes mistakenly called a quick claim deed), a warranty deed provides the new owner with a guarantee of clear title. This means that a buyer is assured that the seller is the valid owner, with the right to sell the property. It further guarantees that there are no undisclosed liens, encumbrances, encroachments, restrictions, or other claims on the real estate.

Types of Warranty Deed Sample Form Templates Warranty Deed Form

There are two main types of these forms. We’ll explain them below.

1. General Warranty Deed Deed Without Warranty Texas

  • This type contains six basic promises, referred to as covenants. These covenants are split into two categories-present and future.

  • Present covenants include:

    • Covenant of Seisin - This promises that the seller has the right to convey the property.
    • Warranty of Title –This promises that the seller holds a valid title to the property being transferred.
    • Covenant Against Encumbrances – This warrants that there are no hidden claims on the property. Such claims could consist of debts or restrictions on use that diminish the property’s value. Some examples of encumbrances include:

    1. A mortgage
    2. A mechanics lien
    3. A neighbor’s easement
    4. A contract restricting use of the property

  • Future covenants include:

  • Covenant of Warranty - This covenant promises that no one holding a superior title will appear and try to evict the buyer from the property. The seller will be liable to pay damages if there’s an interruption in the buyer’s use of the property due to a failure to grant rightful title.
  • Covenant of Quiet Enjoyment –This is the seller's promise to protect the buyer if anyone lawfully claims superior title to the property.
  • Covenant of Further Assurances – This is a promise that the seller will take the necessary action to correct any defects in the title.

  • 2. Special Warranty Deed Limited Warranty Deed

    The seller’s guarantees are narrower in this form than those in the general warranty deed form. The seller promises only that title was received and that no encumbrances were made on the property during the seller’s period of ownership. The buyer is only protected against defects caused by the seller. This deed is also referred to as a limited warranty deed.

    How to Fill Out a Warranty Deed Form Blank Warranty Deed Form

    You will need to include the following basic information on your form:

    1. The names and addresses of the buyer (grantee) and seller (grantor).
    2. The street address, legal description, and parcel number of the property being transferred. You can get the legal description from the land recorder’s office, your original deed, or your mortgage documents.
    3. The name of the county and state where the deed will be signed.
    4. The page, volume, and document number of the land records where the previous deed was filed. You can call the county land recorder for this information if it’s not on the original deed or property sale documents.
    5. How title will be held if there’s more than one grantee, such as tenants in common, joint tenants with right of survivorship, or community property.

    There are other optional terms that may be included, such as the transfer of oil, gas, and mineral rights, or the seller’s reservation of a life estate. Deeds must be signed in front of a notary public, acknowledged by the notary, and then recorded in the county land records office where the property is located.

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