Indiana Royalty Deed with Limited Warranty
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How to fill out Royalty Deed With Limited Warranty?
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FAQ
A fiduciary deed differs from other types of deeds, such as warranty deeds and quitclaim deeds, in that it does not guarantee the title to the property. Rather, it simply transfers the ownership of the property from the original owner to the new owner.
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.
General Warranty Deed A general warranty deed is the gold standard of property transfers. This type of deed is overwhelmingly used in residential purchases. Most lenders require a warranty deed for properties they finance. It offers buyers the greatest possible protection from future claims against the title.
Both deeds contain a promise that the grantor is conveying clear title to the property. But, the difference between the general warranty and limited warranty is the duration of that promise.
A warranty deed in this state must be dated and signed, sealed, and acknowledged by the grantor in order to be submitted for recording to a county recorder in Indiana. If warranty deeds are not acknowledged by the grantor, they can be proved before any of the officers listed in 32-21-2-3 of the Indiana Revised Code.
An Indiana special warranty deed is similar to a warranty deed in that it guarantees a seller has a title to sell to a buyer, though it only provides a limited guarantee. The guarantee is limited to the grantor's ownership of the property and not any previous ownership.
A special warranty deed?also known as a limited warranty deed?is a variation of the general warranty deed. While the word "special" may communicate to a buyer the idea that the deed is of higher quality, the special warranty deed is less comprehensive. It offers less protection due to the limited timeframe it covers.
Warranty deeds are the safer option when buying property versus simply transferring ownership. Most buyers will want this option. If it is discovered that the seller did not have complete ownership of the property, the buyer can sue for breach of warranty.
