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While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.
A special warranty deed gives the new owner partial protection against title defects?splitting the risk ing to when a defect arose. Each party's precise percentage of risk depends on an individual transaction's circumstances.
It should be executed from the original grantor to the original grantee, and it needs to be recorded in order to be legally valid. The correction deed must reference the original conveyance it is correcting by type of error, date of execution and recording, as well as by recording number and location.
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.
Scrivener's Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener's Affidavit doesn't correct anything. Instead, it simply adds information to the property records to help clarify something about the prior deed.
Deeds are required to list the seller (grantor) and the buyer (grantee), legal description of the property, and a notary acknowledgment. There are different types of deeds depending on the purpose and use of the document. A general warranty and special warranty include a warranty of the grantor to the grantee.
A general warranty deed?like other deed forms?must satisfy all criteria generally applicable to Oklahoma deeds. Among other things, a warranty deed must be correctly formatted,35 include a legal description of the real estate,36 and state the new owner's name and address on the face of the document.
A Corrective Deed is used to fix/correct an error on a California deed which has already been recorded. This type of deed does not create a new interest. The Corrective Deed will correct the deed document on the earlier transfer of interest.