Deed Without Warranty Vs Quitclaim Deed In Fulton

State:
Multi-State
County:
Fulton
Control #:
US-00186
Format:
Word; 
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Description

The Deed Without Warranty and the Quitclaim Deed are two distinct forms of property transfer relevant in Fulton. A Deed Without Warranty conveys property without guaranteeing that the title is free from liens or encumbrances, placing the risk on the buyer. In contrast, a Quitclaim Deed transfers whatever interest the grantor has in a property without any warranties, meaning there are no guarantees regarding the title quality. This makes the Quitclaim Deed useful in transferring property between parties who trust each other, such as family members. For attorneys, partners, owners, associates, paralegals, and legal assistants, understanding these differences is crucial for advising clients accurately. Both forms require careful completion, including denoting the parties involved, property description, and notarization for authenticity. Users should ensure they correctly record the deed in the appropriate county office to maintain legal validity. These documents are commonly utilized in estate planning and property settlements and are essential tools in real estate transactions.
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FAQ

A general warranty deed is used to transfer real property from one person to another. This type of deed offers the greatest protection for the buyer and has specific requirements for what must be included in the document.

It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.

Also called a non-warranty deed, a quitclaim deed conveys whatever interest the grantor currently has in the property, if any. The grantor only “remises, releases, and quitclaims” their interest in the property to the grantee. There are no warranties or promises regarding the quality of the title.

General warranty deeds give the grantee the most legal protection, while special warranty deeds give the grantee more limited protection. A quitclaim deed gives the grantee the least protection under the law.

What Is the Strongest Type of Deed? For real estate buyers, a general warranty deed provides greater protection than any other type of deed. While it's the best deed for the grantee, it gives the grantor the most liability.

COUNTY OF FULTON Filing Instructions: Mail the original notarized application to: Cathelene Robinson, Clerk of Superior Court, Attention: Recording Division, 136 Pryor St., SW, Atlanta, GA 30303.

A deed without warranty is a deed that conveys title but with no warranty against any problems with the title. A buyer who later discovers the presence of easements or problems with the title cannot sue the seller. Deeds without a warranty offer no protection for buyers, but they may be useful in limited circumstances.

A traditional deed simply transfers the ownership of a property from one party to another (in other words, the seller to the buyer.) Whoever legally holds the deed is the rightful owner of the property. A warranty deed, on the other hand, contains special assurances that the seller makes to the buyer.

Quitclaim deeds do not contain any implied warranties or covenants. Under a quitclaim deed, the grantor simply transfers its whole interest in the described real estate, but makes no covenant or representation that the grantor in fact has any interest in the subject property.

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Deed Without Warranty Vs Quitclaim Deed In Fulton