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Quitclaim Deeds are more often used when an ex-spouse is going off title. A Warranty Deed gives some guarantees to the Grantee, such as guarantying that the Grantor owns the property being conveyed and that the Grantor guarantees the title to the property, subject only to the encumbrances set forth in Exhibit ?A?.
Hawaii is a lien theory state and uses mortgages instead of deeds of trust.
A Hawaii general warranty deed form transfers real estate with complete warranty of title. The current owner guarantees that the new owner will receive a good, clear title. The guarantee covers the property's entire chain of title.
Recorded documents, which include deeds and mortgages, tax and assessment records are managed by each county. The State of Hawaii Bureau of Conveyances maintains a statewide recorder's directory.
The fee to record a Hawaii deed depends on the system in which the deed is recorded. Land Court System deeds require a $36.00 recording fee?increased to $101.00 for deeds exceeding 50 pages. Regular System deeds require a $41.00 recording fee?increased to $106.00 for deeds exceeding 50 pages.
The deed or assignment of lease must be signed (in black ink) by the current owner and the new owner before a notary public. The deed or assignment of lease must be recorded in the State of Hawaii Bureau of Conveyances or Land Court. A Conveyance Tax Certificate must be filed and any tax due must be paid.
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.