This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.
This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.
In some cases, a deed without warranties may be better than a quitclaim deed because a quitclaim deed, as a matter of law, gives notice to the grantee that there might be other claims on the property. That makes it harder to protect against those claims, should they arise.
As a property owner and grantor, you can obtain a warranty deed for the transfer of real estate through a local realtor's office, or with an online search for a template. To make the form legally binding, you must sign it in front of a notary public.
A warranty deed makes a promise to the buyer that the seller has good title to the property. A quitclaim deed, on the other hand, makes no promises. A quitclaim deed just says; whatever interest I have in this property, I give to you.
Most current deeds fall into one of four categories: 1) General Warranty, 2) Special Warranty, 3) Quit Claim deed, and 4) Bargain and Sale deed. General Warranty Deed — The General Warranty deed is often referred to simply as a warranty deed.
General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.
Warranties and protection – Quitclaim deeds provide zero warranties or protection for the grantee. Warranty deeds include several legal guarantees defending the grantee's title. Common uses – Typically, quitclaim deeds are used for lower-risk transfers between related parties.
How do I get a warranty deed? You can get a warranty deed from your real estate agent. The warranty deed should include all the important details surrounding the real estate transaction (names of people involved, appropriate signatures, description of the property, etc.).
What Is the Strongest Type of Deed? For real estate buyers, a general warranty deed provides greater protection than any other type of deed. While it's the best deed for the grantee, it gives the grantor the most liability.
Common uses – Typically, quitclaim deeds are used for lower-risk transfers between related parties. In contrast, warranty deeds are used for real estate sales and high-value transactions involving unrelated grantees. Grantee risks – With a quitclaim deed, all risks remain with the grantee.
It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.