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What if you were given a warranty deed to property but no title?
Wiki User
∙ 14y ago
The first solution is to obtain a confirmatory deed from the grantor on the lost deed or their heirs. If that's not possible then you need to consult with an attorney who specializes in real estate law. You may need to file a Quiet Title action in a court of equity. If so, you will need to provide proof of your claim and hope a judge will issue a decree in your favor.
There is no reason to not record a deed promptly. It is proof of ownership and cannot be replaced unless the grantor will execute a replacement deed. Your situation wouldn't be covered by any title insurance policy if the present "owner" has lost the deed without ever recording it. They have no title until a court creates one by court order.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoIn most, if not all, jurisdictions in the United States your deed IS your proof of ownership of real property. There is not a separate title such as the one you receive when you purchase a motor vehicle. As soon as your sale is completed your deed must be recorded in the land records as proof of your ownership.
In some jurisdictions, a land registration system is used and your ownership will be evidenced by a Certificate of Title that lists your deed as your source of title. All the encumbrances affecting your land will be recited on the Certificate of Title. Any encumbrances you create during your ownership will also be listed on the Certificate of Title. Some jurisdictions send the Certificate to the owner others maintain the Certificate in the land records office.
In recorded land systems, your deed will be returned to you once it has been scanned and added to the land records in the order by which it was received for recording. Any documents recorded in this type of system are simply placed in deed books (physical or virtual) in the order in which they are received for recording. If you want to check your title to find encumbrances you must check all the recorded land records under each prior owner of your property.
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Is there implied warranty of title in all real property transfers?
Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.
Is Grant Bargain Sale Deed a Warranty Deed?
No. A bargain and sale deed is not the same as a warranty deed. The primary difference is that a bargain and sale deed does not guarantee that the seller holds clear title to the property.
What is a limited warranty deed?
A limited warranty deed warrants the title only for any problems that occurred during the seller's ownership. It does not warrant the title for anything that happened prior to the seller's ownership of the property. A buyer can sue the seller under a general warranty deed for title defects that occurred during prior ownerships but not under a limited warranty deed.
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 quitclaim deed. It does not guarantee that the grantor has good title, full ownership or that there exist no liens or defects prior to the grantor's ownership. If you acquire real property by a Special Warranty Deed you should have the title examined by a professional title examiner who is familiar with the required time period that must be covered by a title examination in your state as well as ALL the legal issues that affect title to real property. An attorney should represent you in the purchase.
Special Warranty Deed?
According to Fortenberry (2017) of DeedClaim dot com, "A special warranty deed (called a grant deed, covenant deed, or limited warranty deed) is a deed form that transfers property with a limited warranty of title." If you have any further needs with this specific kind of deed, their service has proven to be incredibly helpful. They also have all the forms online and will walk you through your special warranty deed by hand. You only pay when you're ready to print for $59.99. What attorney would be dumb enough to charge that little and do it that quickly? ;) Cheers!
Is a warranty deed needed along with a quit claim deed when transferring property to a love one?
A warranty deed guarantees that a property owner has the clear title to a property and the right to sell it. Quit Claim assigns and interest to the property. Check with your state laws, but in many states the QC is enough.
Can a Sheriff's deed be converted to a Warranty Deed in order to sell the property?
No. A sheriff's deed has a certain legal meaning that is different from a warranty deed. The meaning also varies according to state laws. You would need to check your state laws to determine what title is conveyed by a sheriff's deed. In Massachusetts a sheriff's deed does not guarantee that it conveys any title. It only conveys whatever interest the debtor may own in the property. Title is not "good" for twenty years when it is acquired solely by a sheriff's deed. A deed from the debtor is needed to perfect title.
What is needed to transfer title on real property in Texas?
A Deed it can be warranty or a general warranty deed or a Quit Claim Deed depending on variables in the transaction. A Title company or county clerk can probably lend advise as to the best sort of deed for your purpose. It needs to be notarized and recorded at the local county court house.
Is a title search the same as a special warranty deed?
No! 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 have present non-ownership claims to the property. The title search will also show information regarding who had title and claims to the property in the past. Deeds are used to transfer title to property. There are many types of deeds but they break down into two categories; those with warranties and those without. A special warranty deed is one with warranties. Those deeds that have warranties cover different types of claims and time periods. A special warranty deed warrants against claims that arise as a result of the grantor's direct or indirect actions while the grantor owned the property. Some jurisdictions use a quitclaim deed to indicate the same. A warranty deed guarantees the title. A title search will indicate who has owned the property from the first owner up through the present. Many individuals may have owned the property thus a title search may show deeds of various types exchanged between individuals over time. Some of these deeds may be special warranty deeds.
How do you get a clear deed?
By having a title examination performed by a professional to insure there are no outstanding encumbrances and that the owner owns 100% interest in the property. Then get a Warranty Deed from the owner.
Can a warranty deed be reserve by quit claim deed after a death?
No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.
The deed states the Grantor will warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of all persons whomsoever. What does it mean?
That is the legal language that constitutes a warranty deed. The deed expressly guarantees the grantor's good and clear title free from encumbrances not listed in the deed. The grantor covenants they will defend the title from all claims.That is the legal language that constitutes a warranty deed. The deed expressly guarantees the grantor's good and clear title free from encumbrances not listed in the deed. The grantor covenants they will defend the title from all claims.That is the legal language that constitutes a warranty deed. The deed expressly guarantees the grantor's good and clear title free from encumbrances not listed in the deed. The grantor covenants they will defend the title from all claims.That is the legal language that constitutes a warranty deed. The deed expressly guarantees the grantor's good and clear title free from encumbrances not listed in the deed. The grantor covenants they will defend the title from all claims.
