Explaining the Warranty Deed

You are likely familiar with the term “deed” as a designation of ownership over certain types of large assets, like cars and houses. What’s not as widely known is the different types of deeds available to purchasers. A deed is a valid, legal instrument that officially conveys (transfers) ownership of property from one party to another party. One or more parties can be considered a business, estate, or trust, in addition to people. 

The two major types of deeds recognized everywhere in the U.S. are warranty deeds and quitclaim deeds; Florida recognizes a third, called a grant deed. A warranty deed is the most advantageous to buyers of property. In this type of deed, the seller (also known as a grantor) conveys ownership to the buyer (also known as a grantee) and guarantees certain protections. 

A warranty deed provides assurances to the grantee that the grantor actually does have legal right to the title. The warranty deed clarifies that there are no encumbrances to the title, meaning there are no claims currently held against the deed by a third party. Another important provision of warranty deeds is the right of the grantee to seek legal recourse if the title turns out to have some issue that was not disclosed during conveyance. 

There are two variations of warranty deeds that may be issued:

  • Special Warranty Deed. This is a type of warranty deed that guarantees no issues arose with the title during the grantor’s ownership. 
  • General Warranty Deed. A general warranty deed offers the most protections to grantees. This type guarantees that there are no unresolved title issues that arose any time during the property’s lifespan. 

Are Warranty Deeds Required?

In nearly all cases, warranty deeds are required when the grantee is obtaining a mortgage loan. Warranty deeds are a practical idea when there is buyer-seller relationship between two strangers concerning real property. Alternatively, relatives or close friends who simply want to hand off property can get by using a quitclaim deed.

Conclusion

Although warranty deeds offer solid protections for buyers of real property, title insurance is still a useful tool to have in case the seller does not have the means to pay relief. A warranty deed must be registered at the appropriate records office, which is often as county clerk. To make sure your property deed contains all the legal provisions you are seeking, call us today at (305) 227-4030.