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2010-08-31 13:48:33
Monthly Title Tip


Did you know that a Deed is a document or instrument that transfers title to real property and title is the right of ownership a person has in real property?




WARRANTY DEED – This type of deed is the most commonly used form in real estate closings. Buyers prefer to receive this form of deed because it provides the most protection and assurance to the grantee of any other deeds. The Warranty Deed has the effect of transferring all the interest of the grantor in the property on the date of the transfer as well as any after acquired title.


The Warranty Deed includes several covenants or promises as follows:

Grantor promises that he/she is “seized of” the property and has the right to convey ownership.

Grantor promises that there is no one with superior claim of title who will challenge the grantee.

Grantor promises that there are no undisclosed encumbrances against the property being conveyed.

Grantor promises to cooperate with any further documentation to convey title, if necessary.

The covenants are not limited in time.


BARGAIN AND SALE DEED – This deed transfers the entire interest of the grantor and prevents the grantor’s heirs, successors and assigns from asserting any interest in the property, but does not provide any covenants of title – the grantor makes no promise that he is “seized of” the property.


QUIT CLAIM DEED – This deed releases and conveys all right, title or interest the grantor may have in the property on the date of the deed. It will not convey after acquired title and makes no covenants whatsoever. This deed is the weakest of the deeds and offers the least protection for the grantee. While it will sometimes transfer title, this form of deed is most often used to clear a “cloud” or uncertainty from the title.

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