Deed Without Warranty Vs Quitclaim Deed In Michigan

State:
Multi-State
Control #:
US-00186
Format:
Word; 
Rich Text
Instant download

Description

In Michigan, understanding the differences between a Deed Without Warranty and a Quitclaim Deed is essential for effective property transactions. A Deed Without Warranty conveys property with no guarantees regarding the title's condition, protecting the grantor from future claims. Conversely, a Quitclaim Deed allows the transfer of whatever interest the grantor has, without assurances about the quality of the title. Both deeds have unique applications: a Deed Without Warranty is often used in sales where buyers accept risk, while Quitclaim Deeds are typically used among family members or to clear up title issues. For the target audience of attorneys, partners, owners, associates, paralegals, and legal assistants, familiarity with these deeds is crucial when advising clients on property transfers. Proper filing involves completing the deed accurately, ensuring all parties involved sign, and notarization is often required for validity. Editing instructions emphasize clarity and precision in the descriptions of the property involved. Individuals in these roles can streamline transactions and reduce legal disputes by choosing the appropriate deed type based on the specific circumstances of the case.
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FAQ

Documents must have all original signatures and the names must be printed, stamped, or typed beneath the signatures. Documents executed in Michigan which convey or encumber real estate require a notary's acknowledgment.

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.

General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.

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.

A quitclaim deed is the opposite of a warranty deed in that the grantor is transferring title to a piece of property but is not warranting that they have good title to that property. A quitclaim deed only transfers whatever interest that the grantor has in the property at the time of the conveyance.

A general warranty deed is the most common type of warranty deed in the United States. It offers the highest level of protection to the buyer because it guarantees that there are absolutely no problems with the home – even dating back to prior property owners.

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.

The key distinctions include: Interest transferred – A quitclaim deed conveys only the grantor's current ownership share, which may be incomplete. A warranty deed transfers the property in its entirety. Warranties and protection – Quitclaim deeds provide zero warranties or protection for the grantee.

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Deed Without Warranty Vs Quitclaim Deed In Michigan