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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.
A defining feature of a Nebraska quitclaim deed is that it transfers real estate with no warranty of title. It transfers whatever interest the current owner holds in the real estate on the date of the deed. At the same time, the current owner does not promise that these rights are valid or free of defects.
Through the recording of a warranty deed, the seller is providing assurances to the buyer should anything unexpected happen. If a third-party filed a claim against the property, even if the seller was unaware, the seller is legally liable to remedy the issue.
A warranty deed, also known as a general warranty deed, is a legal real estate document between the seller (grantor) and the buyer (grantee).
Special warranty deeds are generally used when the property's ownership history is unknown to the grantor. For instance, in the administration of a deceased person's estate, the executor may be unaware of past issues with the property and thus would only warrant the title against defects caused by the deceased.
A traditional deed simply transfers the ownership of a property from one party to another (in other words, the seller to the buyer.) Whoever legally holds the deed is the rightful owner of the property. A warranty deed, on the other hand, contains special assurances that the seller makes to the buyer.
The three most common Nebraska deed forms for transferring real estate ownership from its current owner (the grantor) to a new owner (the grantee) are warranty deeds, special warranty deeds, and quitclaim deeds.
Warranty Deed: A warranty deed is the legal instrument that transfers title (ownership) or an interest in real property to another person. Grantor: The person who is transferring title to the property. Grantee: Person who is receiving title to the property.