Warranty Deed Hide Dropdown For Free

In the first instance, if your deed is not recorded, there is nothing in the public record to stop the seller from conveying the property to another person.Although less likely, there is also a risk that your seller could fraudulently execute a mortgage or home equity line of credit against your property.

It is necessary to use a warranty deed to secure the grantee's legal ownership and claim to the property.The new owner has full rights to the property, and can sell it if desired. Receiving a warranty deed guarantees that there are no liens or encumbrances on the property.

Nominal Consideration Most deeds recite nominal consideration (e.g., the sum of $10.00). This keeps the actual consideration private and is common practice in most states. Actual Consideration Actual consideration is sometimes used if the parties want to publicly document the purchase price paid for the property.

It establishes trust between a buyer and a seller because the seller covenants that he will protect the buyer against any claim on the property. In short, a warranty deed makes a seller accountable to the buyer. Usually mortgage lenders require a warranty deed before they finance any transaction based on a property.

2 attorney answers The phrase you quoted is what is called "a recital of nominal consideration." It does not mean that the $10 has been paid but serves to shift the burden of proof of consideration from one party to another. The fact that the $10 has not been paid...

In these circumstances, the standard consideration is $10.00. Should I use a special or a general Warranty Deed? A general Warranty Deed gives basic warranties from the grantor to the grantee. The grantor warrants the title to be free and clear of any encumbrances (except any listed in the Warranty Deed).

Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.