California Warranty Deed for Surface and Mineral Interests
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How to fill out Warranty Deed For Surface And Mineral Interests?
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FAQ
A warranty deed contains express covenants of title. The special feature of warranty deeds is that the grantor promises to pay for any lawsuits or damages due to undisclosed ownership disputes. In California, this is typically handled by title insurance, so warranty deeds are unneeded and potentially confusing.
A grant deed is a form of deed common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the property.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word ?grant? is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
Special Warranty Deed in California Properties bought through foreclosure and bank repossession sales often use this deed.
Special Warranty Deed in California If the seller recently bought it, the guarantee doesn't amount to much. Properties bought through foreclosure and bank repossession sales often use this deed.
The main difference between a grant deed vs. warranty deed is the level of protection offered. A warranty deed offers a higher level of protection than a grant deed. With a grant deed, the grantor is guaranteeing that they haven't sold the property to anyone else, and that it is clear of any liens or restrictions.
Warranty deeds are commonly used in other states but are rarely used in California because of the wide reliance on title insurance to provide marketable title. A quitclaim deed conveys only the present right, title, and interest of the: a) grantee.