Warranty Deed Vs Gift Deed In Wake

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

Description

The document discusses the differences between a Warranty Deed and a Gift Deed in Wake, focusing on their unique features and applications. A Warranty Deed guarantees that the grantor holds clear title to the property, providing protection against future claims, while a Gift Deed transfers property ownership without consideration, emphasizing the donor's intent. Understanding these distinctions is crucial for legal practitioners as they impact property transfer processes significantly. Key filling and editing instructions include ensuring accurate property descriptions and completion of all required signatures, such as those of the administrator and notary public. Specific use cases include real estate transactions involving sales, gifts, or estate management. For attorneys, partners, owners, associates, paralegals, and legal assistants, the utility of this form lies in its application to streamline property transfers, ensuring that legal obligations are met and that clients are advised accordingly on the best deed type for their situation.
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FAQ

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.

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.

Quitclaims, waivers, or releases by employees are generally looked upon with disfavor and are commonly frowned upon by the courts, since they are usually contrary to public policy, ineffective, and are meant to bar claims to an employee's legal rights.

A Quit Claim Deed transfers the property without any warranties or guarantees about the title, while a Deed of Gift transfers the property as a gift and typically includes warranties about the title and ownership.

Can I prepare my own deed and have it recorded? North Carolina law allows you to prepare a Deed of Conveyance for any real property to which you have legal title.

A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that they hold title to a piece of real estate.

No, a warranty deed does not prove ownership. A title search is the best way to prove that a grantor rightfully owns a property. The warranty deed is a legal document that offers the buyer protection. In other words, the property title and warranty deed work in tandem together.

General warranty deed It's the type of deed that offers the most buyer protection. 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.

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Warranty Deed Vs Gift Deed In Wake