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Generally, a deed is not a guarantee of clear title. For recorded land, a title examination must be performed to ascertain if the title is clear. In registered land systems, a deed followed by a certificate of title should provide the grantee with a clear title to the property. In registered land systems any encumbrances should be listed on the certificate of title.

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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.


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.


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 you finance a home with a deed but no title?

A deed is the legal document that transfers title to the property. If you have a deed that names you as the grantee then you have title to the premises.


Is declaring yourself a widow or widower in a deed considered adequate proof of death for your spouse when there is survivorship in the previous deed?

You need to record proof of death in order to clear the title.


If the deed was transferred into your name does the title automatically transfer?

Yes. The deed is the instrument by which title to real property is transferred to a new owner. The deed and the title are not separate.


How can you sell your house after your wife died?

Typically spouses have a deed as tenants by the entirety. This means he inherits the house automatically when the wife dies. Filing a death certificate with the deed will clear the title.


What happens when a lien is placed on a condo?

A lien on the deed -- unit's title -- clouds it, meaning that monies to satisfy the lien must be paid before clear title can be transferred.


What deed does not convey after-acquired title?

Generally, a quitclaim deed does not convey after-acquired title. It conveys only the interest owned by the grantor at the time of the deed. In Massachusetts a warranty deed conveys after-acquired title.


Should a second deed of trust be listed on the property title or first deed of trust and does that then make the property NOT fee simple marketble title?

Both Deeds of Trust are listed in a title report. Ist Deed of Trust, fisrt position, second deed of trust, second position. Both liens will have to be paid off with a sale to clear the titl and they boths have to be shown prior to any sale, loan or refinance.


Is title to a house the same as a deed to it?

Not exactly. The person with title to a property is the person who legally owns it. A deed and a title are not the same thing. A deed is a legal document that transfers the title from one person to another.


When do you get the title to a property?

You have title as soon as the deed is delivered to you at the closing. By executing the deed the former owner transferred title to you. However, the deed must be recorded in the land records immediately in order to establish "record title".