What is a deed of guarantee and how is it used?
What is a deed of guarantee?
A deed of warranty is an authorized real estate document that protects the customer and ensures that the seller has clear title to the property, has no excellent liens or mortgages, and there will likely be no future claims on the title of the property.
The 2 events involved in a deed of guarantee are the seller, often called the licensor, and the customer, or the assignee, and the two occasions will be a person or a company.
Most lenders require a security deed for the property they finance.
Key points to remember
- A warranty deed protects the customer and ensures that the seller has free and clear title to a property without excellent liens or mortgages.
- A warranty deed is an authorized real estate document and protects the client against future claims on title.
- Most lenders require a security deed for the property they finance.
- The seller of a property is called the grantor and the customer is known as the grantee.
How warranty deeds work
A deed is an authorized document that transfers beneficial ownership from one entity to another as a seller to a buyer. During a real estate transaction, a title company performs a full title search of the current and previous possession of the property to see if there are any defects or points affecting the title during the previous possession of the property.
A warranty deed holds the seller, or licensor, liable for any breach after the title search, even if the breach occurred without their data or during a period prior to the licensor’s ownership of the property. This ensures that the customer will not be liable for any prior title defects or encumbrances.
The deed of guarantee is issued to the dealer at the closing of the sale. It includes a correct authorized description of the transferred property, is signed and witnessed in accordance with the regulations of the state where the property is located, includes authorized transfer phrases that the seller grants the property to the customer and reveals proof of the amount in cash or in consideration paid for the property.
Forms of warranty deeds
Normal warranty deed
• The licensor warrants that he is the rightful owner of the property and has the legal right to change title to the property upon sale.
• The grantor warrants that the property is free and free of any liens and that there are no excellent claims on the property from any creditor who could claim it as security.
• A guarantee that the title can withstand any claims by third parties to possession of the property.
Special deed of guarantee
• Indicates that the grantor owns the title and that there has been no encumbrance on the property during the interval of the grantor’s possession of the property.
• The grantor does not insure clear title defects that existed before they took possession of the property.
Methods for obtaining a warranty deed
A realtor or real estate attorney can help clients and sellers get a warranty deed. Whether buying or promoting a property, a warranty deed can secure title issues.
As a seller or grantor, having a warranty deed in place will give potential customers some assurance regarding the property. A buyer will certainly seek the best degree of security and peace of mind when investing in real estate. If there are no excellent liens or claims on title, a warranty deed can result in a mutually beneficial transaction.
Different forms of acts
- The quitclaim deed transfers ownership from one person to another and not by sale, usually between relationships or in divorce proceedings. As soon as the deed is signed, any declaration to the property is waived and a quitclaim deed prevents the owner from any future lawsuits within the property.
- A deed in lieu transfers ownership to the lender through a deed in lieu of foreclosures when a borrower defaults on their mortgage and avoids recording a foreclosure on the borrower’s credit history.
- A particular deed of office is used throughout court proceedings and allows those appearing on behalf of the property to make transfers of ownership without incurring private legal liability.
What is the difference between title insurance coverage and a warranty deed?
A title company conducts title research and reviews public information for any points or errors. Warranties and representations in a basic warranty deed allow the new owner to hold the previous owner liable if there is a defect in title or if a representation is made on title. Title insurance coverage covers a wider range of potential claims than the blanket security deed, as well as conflicting property wills or tax liens.
What are the examples of claims protected by deeds of guarantee?
A buyer, or new owner, will likely be immune to previous owner fines imposed due to code violations, or if a previous owner failed to pay HOA fees.
What are the dangers of a particular warranty deed?
Unlike a basic warranty deed, the seller is not responsible for points of title that occur before he takes possession. This creates risk for a buyer as they will have no security allowed for potential title points that would arise after the real estate transaction is completed.
The back line
A deed of security is a real estate document that guarantees that the property has clear title and that the seller has no excellent liens or mortgages. A mix of a warranty deed, title search and title insurance coverage provides the best security to a real estate buyer and ensures that defects in the title do not exist and that there there will likely be no future claims to title.