Can I Sell A House With A Warranty Deed?

Why do warranty deeds say $10?

Deeds in many, if not most, cases do not recite the actual sales price.

Instead, they simply recite “for $10.00 paid and good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.” In part, the reason is because that is the form that the recorder’s office expects to see..

Can I sell my house with a special warranty deed?

A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during his ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.

Why would you use a warranty deed?

Warranty deeds provide the purchaser of the property with the highest form of protection, and are often used when a buyer wants to get financing for a mortgage or title insurance. … The property is free and clear of all liens and outstanding claims. The title would withstand third-party claims to ownership of the …

Can I sell a property with a quit claim deed?

The good news is that, though it may not be an attractive option to many buyers, you can still sell the property normally. The title will still have been transferred to you. The quitclaim deed affects ownership and the name on the deed, but it does not affect the name on the mortgage.

Does a deed need to be executed by both parties?

To constitute a valid counterpart the document must be executed as a deed itself by one party. So, a document signed by one director (without a witness) has not been validly executed as a deed and cannot be a counterpart.

Do I need a warranty deed to sell my house?

It is necessary to use a warranty deed to secure the grantee’s legal ownership and claim to the property. … The new owner has full rights to the property, and can sell it if desired. Receiving a warranty deed guarantees that there are no liens or encumbrances on the property.

Can a quitclaim deed be converted to a warranty deed?

A quitclaim deed can convey title as effectively as a warranty deed if the grantor has a good title when the deed is delivered. … If the title contains a defect, for example, the grantee has no legal recourse against the grantor under the deed.

Can a warranty deed be challenged?

A warranty deed can be revoked. In most situations, the person signing the deed needs the cooperation of the person who received the deed to revoke it. … If the deed was prepared for a property transfer as part of a typical sale, though, you probably will have to take legal action to revoke the deed.

Does a warranty deed mean there is no mortgage?

A warranty deed guarantees that the title is clear from any third-party interests. The deed declares that no liens have been placed against the property and that no one else has better claim to the title through dower, a remainder interest, adverse possession or for any other reason.

Who keeps original warranty deed?

Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.

How long is a warranty deed good for?

The law will assume that an Agent acting under a valid Durable Power of Attorney, had the authority to transfer the property. A Warranty Deed has no expiration date, it is transferred permanently as of the date of the transfer.

Is a warranty deed the same as a title?

Most property sales make use of a warranty deed. Paired with title insurance, your warranty deed guarantees that the “grantor” is the rightful owner and transfers these rights and title to you as the “grantee” or new owner of the property. With a warranty deed, your title is clear. … Our title agents can help.

Does a deed mean you own the house?

A property deed is a legal document that transfers the ownership of real estate from a seller to a buyer. For a deed to be legal it must state the name of the buyer and the seller, describe the property that is being transferred, and include the signature of the party that is transferring the property.

What happens after a quit claim deed is recorded?

Usually, a Quitclaim Deed is sent to the Grantee after it has been recorded. … Yes, after the Grantor signs the Quitclaim Deed, it must be signed and stamped by a notary public to verify that the Grantor’s signature is authentic before it can be filed with the County Clerk’s Office.

Does a warranty deed mean you own the property?

The warranty deed transfers the property’s ownership from the current owner to the new buyer, while the deed of trust ensures the lender has interest in the property in the event a buyer defaults on the loan. However, they will both be filed as public records after the purchase is complete.

Can a deed transfer be reversed?

When you sign a deed transferring your interest in real property, you cannot reverse it simply because you regret your decision. Prepare the same type of deed used to transfer your property interest to the grantee to return your property interest back to you, if the grantee will agree to do so.

Who prepares a warranty deed?

The mortgage company usually prepares this deed as part of the loan package and delivers it to the title company for you to sign at closing. The title company is commonly the trustee to the deed and holds legal title to the property until the loan gets fully repaid.

Is a quit claim deed considered a sale?

Quitclaim deeds are not used for real estate sales, because the new owner receives no guarantees about the title and how valid it is.