What Is A Statutory Warranty Deed?
by Mashum Mollah Real Estate 02 July 2021
When you sell or otherwise transfer property, you must typically file a deed stating which property was transferred, who transferred it, and to whom it was transferred. Different forms of deeds serve different functions and provide varying levels of assurance regarding property ownership.
General warranty deeds, quitclaim deeds, and statutory warranty deeds are examples of deeds. A statutory warranty deed is a legal instrument that transfers ownership of real estate. As a generic warranty deed, this form indicates an assurance of the title’s history. Learn how to utilize this sort of deed from this article.
What Is A Deed?
A deed is a legal document that registers the transfer of a property right from one person to another. It contains legal wording guaranteeing or “warranting” that the seller is the legitimate owner of the item. Nobody other has a claim to the property, he’s passing all of the ownership claims to the buyer, and if he’s mistaken concerning any of this, he’ll reimburse the purchaser and secure her against any claims.
In most cases, they must be filed with a municipal recording office, where they may be viewed by anybody who wants to discover who owns certain homes in the neighborhood. Different kinds of deeds can be used for various reasons. Varying forms of deeds also provide different assurances concerning the property’s title.
What Is A Statutory Warranty Deed?
Deeds are used to transferring real estate. There are several kinds of deeds. The Statutory Warranty Deed tends to be the most frequent. A statutory warranty deed is a legal apparatus that shifts the ownership of real estate from the seller known as the grantor to the buyer known as the grantee. This form of deed ensures that the grantor has complete and clear title to the property and that the buyer will be compensated if any claims against the title arise in the future.
It’s utilized in a lot of real estate transactions. Legislative authorities have developed a unique form to act as a statutory warranty deed. Sellers should be aware that, in addition to transferring the property to the buyer, Statutory Warranty Deeds impose ongoing duties on the seller. When a seller conveys property to a buyer, the seller guarantees that the property is open and cleared of any mortgages, liens, or other encumbrances.
How Is A Statutory Warranty Deed Different From Other Forms Of Deeds?
A statutory warranty deed and a general warranty deed both ensure that the grantor has complete and clear legal title to the property, which he or she is passing to the grantee. The grantor will have to indemnify the grantee if a claim is made against the property in the future. A statutory warranty deed differs from a warranty deed in that it is a shorter form created by your state’s legislation, and it may not explicitly declare that the title is guaranteed to be clear. This assurance is implicit and nevertheless legally enforceable because it is a statutory form. Both types of forms get the same result.
Some jurisdictions allow what are known as special warranty deeds, which provide a limited warranty on title issues that may have arisen while the property was owned by the person transferring it. If prior owners had title difficulties, the buyer would be affected if they arose in the future, but the special guarantee would not cover them.
Unlike a statutory warranty deed, which guarantees the title, a quitclaim deed simply transmits the grantor’s rights and makes no warranties that there are no other claims against the property. A specialized warranty deed (as opposed to a general warranty deed) solely ensures that no claims against the title were filed while the grantor was the owner of the property. It does not ensure that no claims existed before the grantor gained possession, and as a result, the grantor is only liable for claims that occurred within the grantor’s ownership term.
How To Formulate A Statutory Warranty Deed?
One of the most frequent deeds used in the sale of real estate is a statutory warranty deed. It is completed following the preparation of the contract of sale, title search, and other closing paperwork, as well as payment. Follow these procedures to utilize the form:
- Use your state’s legislation or website to find the statutory warranty form, or hire an internet service provider to help you.
- Write up the grantor’s name and address in the fields given.
- Write up the grantee’s name and address in the fields given.
- Provide the property’s legal description (which you can obtain on the former deed).
- The deed must be signed and dated by the grantor. The grantee is not required to sign the paperwork in most states.
- The grantor’s signature may be required to be notarized by your state. If this is the case, the grantor should sign in the presence of a notary.
- The deed should be registered with the county registrar’s office.
The transfer of ownership is legally completed after the deed is filed, and the grantee gets to be the owner of the real estate. This is the last stage in the legal transfer of a piece of real estate’s title.
A statutory warranty deed, therefore, is a shorter version of a long-form type general warranty deed that provides the same obligations. It ensures that the grantor has complete and legal authority over the property and is transferring it. The buyer of the property is best protected when a statutory warranty deed is used.