The Warranty Deed from Individual to Individual is a legal document used to transfer property ownership between two individuals. This deed guarantees that the Grantor (the seller) has a clear title to the property and conveys this title to the Grantee (the buyer), ensuring that the property is free from any encumbrances unless otherwise stated. This form differs from other types of deeds, such as quitclaim deeds, by providing a warranty of title, which offers more protection to the Grantee.
This Warranty Deed is used when one individual is selling or transferring property directly to another individual. Common scenarios include family property transfers, sales between friends, or any situation where the parties wish to ensure that the buyer receives a warranty of title. It is essential to use this form to legally document the transfer and protect the interests of both parties.
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After your Warranty Deed has been recorded at the County Clerk's Office, it can be sent to the grantee. However, any person or corporation can be designated as the recipient of the recorded Warranty Deed.
The original deed is returned to the owner of the property from the office of the recorder after proper entry. The office of the Recorder of Deeds maintains a set of indexes about each deed recorded, for an easy search. Almost all states have a grantor-grantee index including a reference to all documents recorded.
The mortgage company usually prepares this deed as part of the loan package and delivers it to the title company for you to sign at closing. The title company is commonly the trustee to the deed and holds legal title to the property until the loan gets fully repaid.
A personal representative deed and warranty deed are the same only in that they both convey ownership of land. The types of title assurance that the different deeds provide to the new owner are very different.
It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating
Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.
Used to transfer property rights from a deceased person's estate. Involves Probate Court. Like a Quit Claim deed, there are no warranties. Generally, the Personal Representative is unwilling to warrant or promise anything relating to property that he/she has never personally owned.
A warranty deed is a legal document used to transfer, or convey, rights in real property from a grantor (seller) to a grantee (buyer). This type of deed provides protection for the grantee by confirming that the grantor holds clear title to the real estate and has the right to sell the property to the grantee.
A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.