Washington Statutory Warranty Deed - Fulfillment - with individual acknowledgment
Definition and meaning
A Washington Statutory Warranty Deed is a legal document used to transfer ownership of real estate from one party (the grantor) to another (the grantee) in the state of Washington. This type of deed offers a guarantee from the grantor that they hold clear title to the property and that it is free from any encumbrances, except those explicitly stated in the deed. It is often employed in real estate transactions where the property is sold and comes with certain liabilities and obligations associated with the title.
How to complete the form
Completing the Washington Statutory Warranty Deed involves several key steps:
- Begin by entering the names of the grantors and grantees.
- Describe the property being transferred, including its address and legal description.
- Fill in the tax parcel number if applicable.
- State the consideration given for the property.
- Ensure the document is dated and signed by the grantor(s) in the presence of a notary public.
- Prepare for the filing process with the appropriate county office.
All entries should be clear and legible to avoid any disputes regarding the deed’s validity.
Who should use this form
This form is typically used by individuals or entities primarily involved in real estate transactions in Washington State. It is particularly relevant for:
- Property owners wishing to sell their real estate.
- Buyers who want a durable guarantee of title upon receiving the property.
- Real estate attorneys facilitating property transfers.
- Individuals involved in fulfilling existing real estate contracts.
Anyone considering using this form should ensure they understand their responsibilities and rights under the warranty deed.
Key components of the form
The Washington Statutory Warranty Deed includes essential components to ensure clarity and legal enforceability. Key elements comprise:
- Grantor and grantee information: Clearly identifies the parties involved.
- Consideration: Specifies the value exchanged for the property.
- Property description: A detailed description to avoid ambiguity.
- Notary acknowledgment: Validates the signing parties and their intent.
- Real estate excise tax reference: Indicates payment status on the sale.
Including all these components is crucial to uphold the deed's validity during legal scrutiny.
What to expect during notarization or witnessing
During the notarization process, the grantor will present valid identification to the notary. The notary will verify the identity of the grantor(s) and ensure they understand the contents of the document they are signing. This process includes:
- Signing the deed in the presence of the notary.
- Completing the notary's certification on the deed.
- Ensuring all parties involved in the transaction are present, if required.
It is important to select a qualified notary public who is licensed in Washington State to ensure the transaction's legitimacy.
Common mistakes to avoid when using this form
When completing a Washington Statutory Warranty Deed, it is crucial to avoid common errors that may jeopardize the deed’s effectiveness:
- Incomplete information: Ensure all required fields are filled out completely.
- Incorrect property description: Verify the legal description matches public records.
- Missing signatures: Confirm that all necessary parties have signed.
- Notary issues: Ensure the notarization is done correctly with accurate dates and details.
Avoiding these pitfalls helps guarantee a smooth transfer and upholds the legal integrity of the deed.
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FAQ
The Washington statutory warranty deed is a form of deed that provides an unlimited warranty of title. It makes an absolute guarantee that the current owner has good title to the property. The warranty is not limited to the time that the current owner owned the property.
Let's start with the definition of a deed: DEED: A written instrument by which one party, the Grantor, conveys the title of ownership in property to another party, the Grantee. A Warranty Deed contains promises, called covenants, that the Grantor makes 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.
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.
A warranty deed is a deed in which the grantor warrants good, clear title. It is a deed which explicitly contains covenants concerning the quality of title it conveys. Yes, it is a conveyance ("transfer") of title.
A general warranty deed covers the property's entire history. It guarantees the property is free-and-clear from defects or encumbrances, no matter when they happened or under whose ownership.With a special warranty deed, the guarantee covers only the period when the seller held title to the property.
A statutory warranty deed is different from a warranty deed because it is a shorter form made available through your state's statutes and it may not outright list the promise that the title is guaranteed to be clear. Instead, because it is a statutory form, this guarantee is implied and is still legally enforceable.
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
In order to make the Warranty Deed legally binding, the Seller needs to sign it front of a notary public. Then signed and notarized deed must be filed at the city or county office for recording property documents. Before filing with this office all previously billed property taxes must be paid in full.