What does a special warranty deed do for a property?

A special Warranty Deed guarantees that the grantor has done nothing during the course of their ownership of the property that would affect the title negatively, but does not guarantee that no one else will make a claim against the property.

Can a warranty deed be used to transfer property?

Yes, you can use a Warranty Deed to either transfer all or a portion of your interest in a property to someone else. When doing so, you would list yourself as both a grantor and as a grantee. The person you are transferring property to will also be listed as a grantee. Each grantee receives an equal share of interest in the property.

Can a personal representative use a warranty deed?

If you are the personal representative of a deceased person, you cannot use a [&Warranty&] [&Deed&] to [&transfer&] their [&property&] to their heirs or beneficiaries.

Who is liable for claims from a warranty deed?

You are not liable for any claims that arise after your interest in the property has been transferred to a grantee.

When do you need a warranty deed for a property?

A Warranty Deed is a real estate document used when a property owner (grantor) transfers land to a buyer (grantee), and wishes to make a guarantee that the property is free and clear of any encumbrances, like a lien or mortgage.

If you are the personal representative of a deceased person, you cannot use a [&Warranty&] [&Deed&] to [&transfer&] their [&property&] to their heirs or beneficiaries.

You are not liable for any claims that arise after your interest in the property has been transferred to a grantee.

Can you transfer property to a trust in a warranty deed?

Can I transfer property to a trust in a Warranty Deed? Yes, you can use a Warranty Deed to transfer property to a trust. To do so, you will need to know the name of the trust, when it was created, and the number and name(s) of the trustee(s).

Is there a warranty on a deed of conveyance?

In its most usual form, a warranty is only against claims held by, through, or under the grantor. A deed used to convey property which specifies that, as consideration, the buyer will support the grantor for the rest of the grantor’s life.

Who is responsible for claims on a general warranty deed?

Under a general Warranty Deed, as a grantor, you are responsible for any claims that arise against the title to the land, regardless of whether they happen while you hold the title to the property or after you have transferred your interest.

How does an encumbrance in a warranty deed work?

An encumbrance does not prevent the title of the property from being transferred, but the grantee must be aware that an encumbrance will continue to exist even after the title is transferred to them. In a Warranty Deed, the grantor is guaranteeing that the title is free of encumbrances to the grantee (except for any listed in the document).

Can a special warranty deed protect against title claims?

The grantor warrants that he or she has received the title. The grantor warrants that the property was not encumbered during the time the grantor owned the property. A special warranty deed does not protect against any claims prior to the grantor receiving the title.

What does the implied warranty on a deed say?

Although the grantor warrants that there are no encumbrances or liens on the property, it is customary practice for a grantor to list, as an exhibit to the deed, certain exceptions to the implied warranty, such as easements burdening the property.

Who is responsible for a breach of a warranty deed?

The grantor is the rightful property owner and has a legal right to transfer title. With a general warranty deed, the grantor is responsible for a breach of any warranties and guarantees, even if the breach occurred without their knowledge or during a period when the grantor did not own the property.

Can you be both a grantor and a grantee in a warranty deed?

Yes, it is possible for one person to be both a grantor and a grantee in a Warranty Deed.

What kind of deed is a special warranty deed?

A special warranty deed (also called a grant deed, covenant deed, or limited warranty deed) is a deed form that transfers property with a warranty of title limited to the period when the signing owner owned the property.

Yes, it is possible for one person to be both a grantor and a grantee in a Warranty Deed.

Can a transferor sue a special warranty deed?

If a deed makes a warranty of title, the transferee can sue the transferor over any title issues. The designation of a deed as a special warranty deed identifies the warranty of title.

Is it illegal to use the word warranty in a deed?

For example, Michigan law makes it a crime to use the word “warranty” in any deed that does not convey a full warranty of title. An uninformed property owner using a generic, fill-in-the-blank form for a special warranty deed could become criminally liable for including the wrong language.

If a deed makes a warranty of title, the transferee can sue the transferor over any title issues. The designation of a deed as a special warranty deed identifies the warranty of title.

What is a specialty warranty deed?

Special Warranty Deed. A written instrument that conveys real property in which the grantor (original owner) only covenants to warrant and defend the title against claims and demands by him or her and all persons claiming by, through, and under him or her. In the special warranty deed, the grantor warrants that neither he nor anyone claiming…

How do I issue a warranty deed?

How Do I Issue a Warranty Deed? 1. Engage the services of a title insurance company to do a title search of the real estate you intend to transfer using… 2. Obtain a warranty deed form from the register of deeds office in the county where the real estate is located. 3. Fill out the warranty deed

Why to use a warranty deed?

A warranty deed is a document often used in real estate that provides the greatest amount of protection to the purchaser of a property. It pledges or warrants that the owner owns the property free and clear of any outstanding liens, mortgages, or other encumbrances against it.

How do you fill a warranty deed?

How Do I Fill Out a Warranty Deed? 1. Get a copy of the current deed for the property, if you do not have the document. Visit the recorder’s office in the county where the property is 2. Fill out the date section of the warranty deed. Include the day, month and year. 3. Fill out the “grantor”