If you are purchasing or selling real estate, you might be in a situation where you need to draft a general warranty deed form. When transferring ownership of a property or land, securing a general warranty deed is a very common step for ensuring the safety of both the seller and the buyer. The document provides a high level of protection because it includes several important warranties and guarantees.
Drafting a warranty deed template can be complicated. Therefore, many people choose to use a blank warranty deed form that is adaptable to the particular situation. This template includes the standard language and sections and can be used as is or edited for the unique needs of the transaction.
A general warranty deed form is a legal document that outlines the details of a real estate transaction. Thisl warranty deed form will have space to add the parties and the property being transferred. The signed deed transfers the ownership of a property from a seller (called a grantor) to a buyer (called a grantee). A properly executed general warranty deed form will provide certain guarantees, including that the property title is being transferred free of ownership claims, liens, mortgages, or other encumbrances. General warranty deed forms provide legal protection for the buyer and the seller when it is used to transfer property.
There are two primary parties to a general warranty deed example:
Apart from the two primary parties, other parties may be indirectly involved in a warranty deed example. A notary public will be involved in the process as the parties must sign the deed in a notary’s presence. In many cases, the general warranty deed form is drafted by an attorney and often signed in the attorney’s office. An experienced real estate attorney in your area may be able to help with the specifics of your transaction and adjust your form to adhere to the laws of the state in which the property is located.
Several key terms are generally used in sample warranty deeds, including the following:
The general warranty deed is one of the most commonly used options for dealing with real estate transactions. The following warranty deed samples may be used under certain circumstances:
Special warranty deed — This is a type of warranty deed in which the grantor warrants only against problems that occurred during his or her ownership of the property;
Quitclaim deed — With a quitclaim deed, the grantor transfers ownership of a property without providing any warranties or guarantees about the quality of the title;
Deed of trust — With a deed of trust, a lender uses the title of a property as security for a loan, such as a mortgage for the purchase of the property; and
Real estate purchase agreement — A real estate purchase agreement is a document outlining the terms and conditions of a real estate transaction between a buyer and a seller.
A deed form pdf provides a strong proof of ownership. It will even provide the new owner with the assurance that the title is free of claims and that the seller is transferring complete rights to possession of the property.
A printable blank property deed form will include the following elements that the parties need to complete and check carefully before signing:
There can be serious consequences for not using a general warranty deed form. Without a properly executed deed, the buyer may not have the same protections. The buyer could face uncertainty about his or her ownership of the property and difficulties proving ownership if the need arises. Other consequences could be potential legal disputes. The buyer could even face difficulties in future sales. With the help of a general warranty deed form, the buyer can prevent many potential problems.
Whether you are using a customizable warranty deed pdf or writing your deed from scratch, the required information is the same. Use the following basic steps to fill in a general warranty deed form.
Lawrina’s completed warranty deed sample includes a “Prepared By” heading. This is to identify the person who is getting the deed ready for signing. The grantor or the grantor’s legal representative usually prepares the document.
The blank warranty deed form will also include a section labeled “After Recording, Return To.” This space is for adding the contact information for where to deliver the official document after it has been issued and recorded.
To complete a printable warranty deed, you must provide information specific to your transaction, including the names and contact information for the parties involved. Also add a detailed description of the property, including the parcel description and lot number and the physical address.
On the general warranty deed template is designated space for the signatures of the grantor and the grantee. The grantor will sign on the appropriate signature line, print his or her name on the line below, and add an address with city, state, and ZIP code. If there is a second grantor, he or she will fill in the same information in the space provided. The grantee then signs on the appropriately labeled signature line, prints his or her legal name on the line below, and adds his or her address.
Depending on the jurisdiction and local laws, witnesses may be required for the deed to be valid (e.g., in the state of Vermont). In that case, the example of general warranty deeds will have an option to add witnesses as needed, usually under a heading labeled “In Witness Whereof.” There will be space for two witnesses to sign and print their names and provide their addresses. Finally, a notary public will confirm the identities of all those signing. After the other parties have signed, the notary will notarize the general warranty deed form at the bottom of the last page by adding his or her signature and notary seal.
Upon completing and executing the form for general warranty deed by state law, it must be recorded in the appropriate government office. Typically, this will be the local records office in the county in which the property is located. The records office is usually in the county courthouse or, in larger cities, in a separate office. These offices are sometimes called the County Recorder’s Office, Land Registry Office, or Register of Deeds.
The clerk will stamp the general warranty deed form with the date and the page number where the document will be kept in the county files. In most cases, there will be a fee to record the deed, which can vary by location.
There are a few cases for which a general warranty deed form is recommended. However, other special warranty deed forms may be more suitable in some situations.
The following are the most common use cases for a general warranty deed form:
A general warranty deed may not be needed under some circumstances, and a different type of deed might be more appropriate, such as:
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Quitclaim deeds state only the interest that the grantor (the individual transferring the property) holds in the property, and do not guarantee that the property is free of other interests. The warranty deed guarantees the title to the property is free from liens, debts, and other interests that may exist in the future. Quitclaim deeds are generally used to transfer real estate between known parties, such as spouses or family members, where the extra layer of protection offered by warranty deeds may not be necessary. As an example, if a property owner has divorced, they might use a quitclaim deed to add the name of their new spouse (if applicable) to the title of the said premises.
The warranty deed simply guarantees that the title of a property is free from any interests held by others at the time of its sale. By adding a trustee to the transaction, a deed of trust ensures neutrality between a borrower and lender. A trustee is usually a legal entity separate from the borrower or lender. Someone uses a deed of trust when a lender loans money to a borrower for the borrower to purchase a property. In contrast, a deed of the trust transfers ownership of the property to a neutral trustee until the borrower fully repays the loan.
Concerned parties must sign a warranty deed in the presence of a notary public to be legal. Once notarized, someone must file the document with the city or county office that records property documents. It is important to note that all previously billed property taxes must be paid in full before taking this step.