Warranty Deed Vs Deed In Virginia

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

Description

The document titled 'Authority to Release' is a legal form used in Virginia concerning the release of a Deed of Trust. This form is primarily relevant when an Administrator with Will Annexed aims to release a specific parcel of property from the encumbrance of a Deed of Trust. It requires clear identification of the property, including a legal description and relevant dates. The primary audience includes attorneys, paralegals, and legal assistants who may facilitate the completion and filing of this form. The form highlights essential details such as the name of the Executor, the estate involved, and the signature of a Notary Public, ensuring the document's validity. Filling this form involves accurately entering information regarding the property, the parties involved, and ensuring that it is notarized as per legal requirements. Users must carefully review and edit the document to ensure correctness before submission to the County Clerk's office. It’s important to understand the distinction between a Warranty Deed and a regular Deed in Virginia, as the Warranty Deed guarantees clear title, whereas this form does not imply any warranty about the title itself. The utility of this form is particularly high for those involved in estate management and property transactions, as it facilitates the release of liens and claims on real property, thereby allowing for smoother transfers of ownership.
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FAQ

All warranty deeds must include the date of the transaction, the name of the parties involved, a legal description of the property being transferred, a list of title defects and the signatures of the buyers. To make it legally binding, warranty deeds must be signed in the presence of a notary public.

A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.

A Special Warranty Deed, also known as a Limited Warranty Deed, offers less protection than a General Warranty Deed. The seller only guarantees that they have done nothing during their ownership to encumber the property. It does not cover any issues that may have arisen before they took ownership.

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.

All deeds must be prepared by the owner of the property or by an attorney licensed to practice in Virginia. The requirements are listed below in the code section. Click here to read about e-Recording.

Most current deeds fall into one of four categories: 1) General Warranty, 2) Special Warranty, 3) Quit Claim deed, and 4) Bargain and Sale deed. General Warranty Deed — The General Warranty deed is often referred to simply as a warranty deed.

No, the warranty deed alone does not prove ownership. Ownership is confirmed once the deed is recorded with the county recorder's office, making it part of the public record.

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.

You can sell as a warranty deed... but this means you are warranting clean title and the buyer can come back to you, you should only provide a warranty deed if there's a title company/title insurance being purchased.

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.

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Warranty Deed Vs Deed In Virginia