Special warranty deed vs general warranty deed?

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Special warranty deeds are becoming more common. A general warranty deed is a promise to the buyer that the seller will warranty any prior problems with title, not just during the seller's ownership, but back along the chain of ownership.
A special warranty deed, on the other hand, limits the seller's promise -- or warranty -- to title problems that come up while the seller owned the property, but gives no warranty for propblems prior to that point. For example, builders often give special warranty deeds. They only owned the property long enough to build the homes. They aren't sticking their necks out to warranty buyers against something that happened to cloud title when the subdivision was still a pig farm. Foreclosure property is another example where you often see special warranty deeds. The bank, like the builder, has no close relationship to the property and won't bend over backwards to promise anything about the condition of title before they acquired the property through foreclosure.
These days, title insurance is the buyer's best friend. Title insurance insures the buyer against past ownership problems, old liens, boundary issues, and so on. There may be exceptions in the title insurance policy, and owners should know what their exceptions are. For example, without a survey, a title company won't insure against problems that a survey would have made known -- encroachmets, for example. That's an exception and they won't pay for problems that would have shown up with a survey. But unless there's a specific exception, any other past title problems are covered. When you're buying, talk to your attorney and make sure they take the time to explain what title insurance is and how it works. That attorney is your employee, after all, and you're paying them good money NOT to make decisions for you, but to help you understand. Always make them explain everything. Remember, other names for "attorney" are "counselor" and "advocate." And an attorney who doesn't manage to untangle the legaleeze and teach you about the biggest purchase you'll ever make in your life is lazy and probably a bad attorney.
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What is the difference between a warranty special warranty and quitclaim deed?

A g eneral warranty deed or warranty deed is one where the seller guarantees there are no title defects, that she/he is the owner of the land and has the right to sell it.

How do you change a sheriff's deed to a warranty deed?

You cannot change a sheriff's deed to a warranty deed. A sheriff's deed is given pursuant to some action by a creditor against a debtor and it never passes warranty covenents.

Is a title search the same as a special warranty deed?

Answer \n. \nNo! A title search is a process that one goes through to determine who holds what interest or title in a given piece of property at present as well as who might

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\nA special warranty deed provides specific warranties while otherwise not making a statement or commitment to other aspects. You may warranty that you held title but you are

What is the difference between a general warranty deed and a quitclaim deed?

Real Estate: General Warranty Deeds guarantees and protects against defects. It provides the best protection for a buyer. It warrants title to the sovereignty of the soil.

What is the difference between a warranty Deed and a deed?

Warranty deed is nothing property transfer from one person to another person, and it goes on clear and clear title with out any obligations, and deed is nothing but property t

What are the disadvantages of special warranty deed?

A Special Warranty Deed only provides warranty of title for the period during which the grantor owned the property. In some jurisdictions that type of deed is called a quitcla

Who signs a special warranty deed?

The grantor is the owner of the property. Every deed must be signed by the grantor. If there are multiple owners they must all sign the deed.

Is a trustee deed as good as warranty deed?

Generally no. A trustee's deed is usually a quitclaim deed that transfers the interest of the trust in the property and warrants against any encumbrances that arose during the

What is the difference between a fee simple deed of special warranty and a general warranty deed?

Each type of deed would convey the fee simple owned by the grantor at the time of the transfer, however, a general warranty deed guarantees the grantor owns the fee free of

How do you convey partial ownership of special warranty deed?

You can convey an interest in land by a quitclaim deed. For example, you can convey a twenty five percent interest each to your two sisters in the same deed. For any type of c
In Probate

Is an executor's deed as good as a warranty deed?

I'm a Texas probate attorney. An "executor's deed" just means the deed was issued by an executor. An executor's deed like any other deed can have a general warranty, limited w

Can a warranty deed be changed to a quitclaim deed?

No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the

Can an individual write a special warranty deed?

Deeds should be drafted by a professional. Errors made by non-professionals can be difficult to correct if they can be corrected. Errors are often not discovered until years l