Special Warranty Deed Vs Quit Claim Deed In North Carolina

State:
Multi-State
Control #:
US-00186
Format:
Word; 
Rich Text
Instant download

Description

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.

Free preview
  • Preview Authority to Release of Deed of Trust
  • Preview Authority to Release of Deed of Trust

Form popularity

FAQ

What Are The Dangers Of A Special Warranty Deed? Property debts are tied to the property's title, so buyers agreeing to a special warranty deed assume all responsibility for any liens or claims against the property that may have existed prior to the seller's ownership.

The general warranty deed is the most common type of deed used in North Carolina. This deed is different from the rest because the seller protects the buyer against any title defects or claims arising at any point in time, not just for the length of time when the seller owned the property.

Is North Carolina a Mortgage State or a Deed of Trust State? North Carolina is a Deed of Trust state.

The general warranty deed is the most common and preferred type of instrument used to transfer real estate titles in the United States.

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.

What is a Special Warranty Deed for North Carolina Homes? A special warranty deed — also referred to as a limited warranty deed — is used when the seller of a property can only guarantee no outstanding claims or liens incurred during their time of physical ownership.

A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that they hold title to a piece of real estate.

A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.

A warranty deed offers the strongest protection. It protects the party receiving the property title in case there turns out to be any issues with the title.

A special warranty deed is when the grantor only guarantees that there are no outstanding claims or liens against the property arising from their ownership. They're not giving any assurances about issues that may come up due to the actions of previous owners.

More info

The quitclaim deed in North Carolina is also referred to as a nonwarranty deed. With a quitclaim deed, the grantor is saying that they are transferring to the grantee any interest they currently have in the property.Both the quit claim deed and the nonwarranty deed only transfer your interest in the property you are not making any other promises or 'warranties'. A quitclaim deed is the least protection for an owner. There is no guarantee about what the owner may have done to encumber the title to the property. Unlike a general warranty deed, a quitclaim deed does not offer any warranties or guarantees regarding the title of the property. Instead, quitclaim deeds are used when there is a property transfer outside of a real estate sale. In North Carolina, there are three main types of deeds used to transfer property ownership. These include grant deeds, warranty deeds, and quitclaim deeds. North Carolina lawyers often use non-warranty deed and quitclaim deed as synonyms, and there is little practical difference between them.

Trusted and secure by over 3 million people of the world’s leading companies

Special Warranty Deed Vs Quit Claim Deed In North Carolina