Warranty Deed Vs Deed In Salt Lake
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FAQ
A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during their ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.
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.
Special Warranty Deeds are frequently used in commercial real estate transactions and foreclosure sales. In commercial transactions, sellers might prefer this type of deed to limit their liability to issues they directly caused.
Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.
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.
It's also important to point out that there are three types of warranty deeds that offer different levels of protection to the buyer and risk to the seller. These types of deeds are general warranty deeds, statutory warranty deeds and special warranty deeds.
Special Warranty Deed - In contrast to a general warranty deed, a special warranty deed limits the liability of the grantor by warranting only what the deed explicitly states. A special warranty deed has practically the same effect as a quitclaim deed.
Contact Recorder's Office Phone Number (385) 468-8145. Mailing Address 2001 South State Street , Ste N1-600. Salt Lake City, Utah 84190. Hours Monday through Friday (except holidays)
Typically, when buying real estate, the Warranty Deed will be the very last part of the transaction, and will convey the property fully and finally to the Buyer.
