Utah Warranty Deed for Surface with Limited Warranty

State:
Multi-State
Control #:
US-OG-320
Format:
Word; 
Rich Text
Instant download

Description

This form of deed conveys the surface estate in existing lands pursuant to a contract of sale.

Utah Warranty Deed for Surface with Limited Warranty is a legal document that conveys ownership of real property in Utah while providing limited warranty protection to the grantee (buyer). This type of warranty deed guarantees that the granter (seller) holds clear title to the property and has the right to sell it, but doesn't provide an extensive warranty as in a general warranty deed. In Utah, two types of Warranty Deeds for Surface with Limited Warranty are commonly used: 1. Utah Warranty Deed for Surface with Limited Warranty — Individual: This type of warranty deed is used when an individual (natural person) is selling the property and wants to transfer ownership with limited warranty protection. It contains the essential elements of a warranty deed while limiting the warranties provided. 2. Utah Warranty Deed for Surface with Limited Warranty — Corporation: This form is used when a corporation or a business entity is selling the property and wishes to convey ownership with limited warranty protection. It includes the necessary provisions tailored to corporate entities involved in the transaction. The Utah Warranty Deed for Surface with Limited Warranty typically includes various key elements: 1. Granter and Grantee information: Full legal names, addresses, and contact details of the seller (granter) and the buyer (grantee). 2. Property description: A detailed legal description of the property being transferred, including the boundaries, lot numbers, and any other identifying information necessary for accurate identification. 3. Consideration: It states the agreed-upon price or consideration for the property and how it will be paid. 4. Limited warranty clause: Specifies the extent of warranty provided by the granter, usually stating that they warrant to defend the title against only the claims arising from their actions. 5. Encumbrances: Discloses all known encumbrances on the property, such as liens, mortgages, easements, or restrictions, limiting the warranty provided by the granter to these encumbrances only. 6. Acknowledgment and signatures: Both parties involved in the transaction must sign the deed, typically in the presence of a notary public, to ensure its validity. It's important to note that while a Utah Warranty Deed for Surface with Limited Warranty provides some protection to the grantee, it offers fewer guarantees compared to a general warranty deed, which provides broader coverage against any claims that may arise. Therefore, it is advisable for individuals buying property to consult real estate professionals or attorneys to ensure a thorough understanding of the type of warranty being granted.

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FAQ

A Utah special warranty deed allows for the ownership transfer of real estate with the guarantee that no claims have been made during the grantor's period. The grantee will be responsible for any claims made prior to the grantor's ownership.

Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.

Relates to the past and guarantees grantor ownership. The deed that offers a limited number of warranties is a. general warranty deed.

A Utah warranty deed must meet the requirements that apply to other Utah deed forms. These requirements include a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title, font size and page format requirements, and signature and notarization requirements.

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 or limited warranty deed only guarantees that no title problems occurred during the time the seller has owned the property. That means the previous owner can't be held accountable for creditors' liens or other issues that occurred before they took possession of the home.

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.

A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during his ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.

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57-1-12.5 Form of special warranty deed -- Effect. (1) Conveyances of land may be substantially in the following form: SPECIAL WARRANTY DEED. How to fill out Warranty Deed For Surface With Limited Warranty? When it comes to drafting a legal document, it's better to leave it to the specialists.A warranty deed when executed as required by law shall have the effect of a conveyance in fee simple to the grantee, the grantee's heirs, and assigns: (a) ... Download our warranty deed form to transfer a piece of real property (e.g., land, home, or building) to a new owner. May 9, 2023 — Utah warranty deed form to transfer Utah real estate. Attorney-designed and state-specific. Get a customized Utah warranty deed online. Consideration: TEN and No/100 DOLLARS ($10.00) cash in hand and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are ... Sep 7, 2023 — A special warranty deed is the more limited of the two. It also affirms that the seller owns the property and intends to sell it to the buyer; ... Apr 27, 2023 — Utah special warranty deed form to transfer Utah real estate. Attorney-designed and state-specific. Get a customized deed online. A warranty deed or special warranty deed is customarily provided in commercial and residential transactions. Underwriting approval should be obtained if an ... The limited warranty deed will include the following information: Name and address of the grantor.

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Utah Warranty Deed for Surface with Limited Warranty