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While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.
Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.
Four years The statutes of limitation for collecting (or foreclosing) on both the vendor's lien and deed of trust is four years in Texas. If no legal action has been filed for collection on the liens for four years after the liens ma- ture, there is indication the liens have been paid. Lien Release - Texas A&M University tamu.edu ? documents ? articles tamu.edu ? documents ? articles
A warranty deed with vendor's lien is one way to show a debt for the purchase of a property. If the debt goes unpaid, the recourse action for the original owner is easily proven in court. For this lien to be removed, the buyer has to pay off the lien. TYPES OF DEEDS - Patten Title Company pattentitle.com ? blog-posts ? types-of-deeds-2 pattentitle.com ? blog-posts ? types-of-deeds-2
A West Virginia special warranty deed is used to transfer the ownership of property free of liens and encumbrances during the grantor's ownership period (only). The grantee will be responsible for claims that are made (if any) prior to the grantor's period. West Virginia Special Warranty Deed Form - eForms eforms.com ? deeds ? special-warranty eforms.com ? deeds ? special-warranty
A general warranty deed is a type of West Virginia deed that transfers property with general warranty. A property owner who signs a general warranty deed promises to stand behind the transferred title?defending the new owner's property rights against competing claims.
A special warranty deed differs from a general warranty deed in that where a general warranty deed guarantees title against interests predating the grantor's ownership of the property, a special warranty deed merely guarantees title only against defects arising during the time the grantor owned the real property.