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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.
What else can I help you with?
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?
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.
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.
