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The grantor of a warrenty deed dies do his heirs have to guarantee the deed?
No. The warranty comes from the grantor.
Can a warranty deed be reversed because the grantor did not receive a receipt for 10 dollars?
No. A deed cannot be "reversed". The delivery of a deed implies that the consideration was exchanged. In addition, a grantor doesn't receive any "receipts" when they convey property. They receive the consideration.No. A deed cannot be "reversed". The delivery of a deed implies that the consideration was exchanged. In addition, a grantor doesn't receive any "receipts" when they convey property. They receive the consideration.No. A deed cannot be "reversed". The delivery of a deed implies that the consideration was exchanged. In addition, a grantor doesn't receive any "receipts" when they convey property. They receive the consideration.No. A deed cannot be "reversed". The delivery of a deed implies that the consideration was exchanged. In addition, a grantor doesn't receive any "receipts" when they convey property. They receive the consideration.
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.
Should a signature on a warranty deed match grantor's legal name as listed?
The signature by the grantor should mirror the name of the grantor listed in the granting clause on the deed. However, a minor difference, such as omitting a middle initial, would not on that count make the deed defective. It all depends on the details regarding the discrepancy.
Can a Quit Claim Deed from bank or tax foreclosure be converted to a Warranty 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 grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.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 grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.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 grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.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 grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.
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.
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.
What if the grantor files bankruptcy after a warranty deed?
If the property was conveyed to avoid creditors the court has the authority to nullify the deed. The answer to your question depends on all the facts you have left out.
When is a deed effective?
A deed is effective against the grantor once it is signed and delivered to the grantee. It is affective against the world once it is recorded in the land records.See related question.A deed is effective against the grantor once it is signed and delivered to the grantee. It is affective against the world once it is recorded in the land records.See related question.A deed is effective against the grantor once it is signed and delivered to the grantee. It is affective against the world once it is recorded in the land records.See related question.A deed is effective against the grantor once it is signed and delivered to the grantee. It is affective against the world once it is recorded in the land records.See related question.
Can a grantor come back on a general warranty deed to claim the property?
Generally, no. Once the grantor has executed the deed they no longer own the property and so have no right to take the property back.Generally, no. Once the grantor has executed the deed they no longer own the property and so have no right to take the property back.Generally, no. Once the grantor has executed the deed they no longer own the property and so have no right to take the property back.Generally, no. Once the grantor has executed the deed they no longer own the property and so have no right to take the property back.
Special Warranty Deed?
Get StartedA Special Warranty Deed, also known as a Limited Warranty Deed, is a type of real property (i.e. land or a building like a house or apartment) deed where the grantor or owner of the property transfers (grants) and warranties title to their portion of interest in the property in which the grantor has title. A Special Warranty Deed is commonly used when a property is transferred between parties unfamiliar to each other as it provides certain warranties or safeguards for the Grantee or buyer against fraud. A Special Warranty Deed provides a guarantee to the buyer that the seller owns the property, has the right to sell the property free and clear of any debt (unless the debt is disclosed in the deed). Unlike a Warranty Deed, where the Grantor will defend the title to the property against any claims whatsoever against the title that resulted from defects under any prior ownership including the sellers' ownership, a Special Warranty Deed only guarantees the title against defects caused during the Grantor's ownership of the property. An example of a potential title claim/defect is a mortgage on the property that has not be satisfied. Without a warranty the Grantee has limited recourse in holding the Grantor liable for the unpaid mortgage. While the Grantee does not become responsible for paying the mortgage the Grantee will likely be unable to sell the property due to the cloud of title caused by the attached mortgage.** If the Grantor does not desire to provide any guarantees you should consider preparing a Quit Claim Deed.
What does Party of the First Part will forever warrant the title mean?
Those are the words that signify a warranty deed. The party of the first part is the grantor, or the owner. By those words the grantor is giving the grantee a guaranty that the title is free from defects and any liens not mentioned in the deed and the grantor has the right to sell the property.
