Posted on August 22, 2019 by First American Title Company
Common Types of Deeds
A WARRANTY DEED…warrants to the Grantee:
A. That the Grantor has not previously conveyed the estate or any interest therein to anyone except the Grantee; and
B The estate is free from encumbrances.
The General Warranty Deeds if the deed most used in insuring titles to real property and give the most protection to the Grantee.
A SPECIAL WARRANTY DEED…limits the warranty to: “by, through or under the Grantor but not otherwise.”
These deeds are often used when the conveyance is from an executor, administrator, trustee, guardian, etc. There must be a valid reason for the Grantor to be limiting the warranty. We want to be certain that the Grantor does not have knowledge of some defect I the chain of title that is not being acknowledged.
A QUIT CLAIM DEED…does not contain “grand and convey” language.
Quit Claim Deeds are not acceptable in the direct chain of title and are normally used only for curative matters. An example would be where a Divorce Decree properly divest one spouse’s interest in the property to the other-a Quit Claim Deed may be used to satisfy disposal of the spouse’s interest in the real property records.
You can rely on your title company’s knowledgeable professional to work diligently to ensure the orderly and efficient transfer of real estate.
Contact Amanda Harris with First American Title Company with any of your questions today (406) 682.5337.