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Lisa T.
California
391 Posts |
 Posted - 03/23/2009 : 9:21:04 PM
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Hi Linda,
Regarding warranty deeds, I was only referring to insuring title (in CA, done by title companies), not conveyance of title. In CA, grant deeds convey title. Quitclaim deeds clear clouds on title. |
Edited by - Lisa T. on 03/23/2009 9:23:48 PM |
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PWinFL
Florida
469 Posts |
Posted - 03/23/2009 : 10:48:40 AM
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Many states, including CA and FL, do not generally use a Quit Claim Deed to transfer property ownership to third parties. That is, if a husband and wife are on title, a QCD can be used to remove one or the other from title, or to correct spelling of names as currently vested, or to add an additional owner to title without removing any vested owners.
In the case of a purchase transaction, FL typically uses a Warranty Deed (sometimes a Special Warranty Deed) and CA typically uses a Grant Deed or Interspousal Transfer Grant Deed. A Grant Deed is very similar in effect and purpose to a General Warranty Deed. Both require proof of title, free of encumbrances, and ownership, as well as identity verification.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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LindaH
Florida
1754 Posts |
Posted - 03/23/2009 : 07:27:24 AM
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quote:
Originally posted by Lisa T.
Warranty deeds are no longer used in California. Title companies have taken over the role of insuring title to property.
You're talking two different processes here, Lisa - conveyance of title vs. insuring title/lien position...
There has to be SOME instrument used in CA that's recorded that's used to convey the property from one to another....Warranty Deed, Grant Deed, etc...
The process of insuring that conveyance and insuring lender's lien position in the property is what title insurance is for - insures against prior claims or mistakes/oversights made by the searcher in searching the root title of the property. It insures a clean, marketable title to the property, (in FL it insures that the Seller has clear title and the right to convey the property), and it insures that there are no liens prior in right to the mortgage being insured.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Renee
Michigan
549 Posts |
Posted - 03/23/2009 : 05:01:22 AM
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CA might use Grant Deeds, but the legal action is the same as "Warranty" Deeds - it "conveys & warrants" or guarantees that the grantor actually has title rights to transfer, which a Quit Claim does not.
You can delve deeper into the definitions using Google (or Paul) but that's the short & simple of it.
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Lisa T.
California
391 Posts |
Posted - 03/22/2009 : 8:52:50 PM
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| Warranty deeds are no longer used in California. Title companies have taken over the role of insuring title to property. |
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LindaH
Florida
1754 Posts |
Posted - 03/16/2008 : 09:32:19 AM
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Instrument that conveys property (normally Seller to Buyer) and which guarantees the status of the title to the property and warrants that the seller (Grantor[s]) has the right to transfer the property to the Grantee(s). It conveys ALL right, title and interest to the property to the Grantee(s) as opposed to a Quit Claim Deed, which can be used to tranfer only a portion of the property. In addition, it establishes the correct vesting of title in the Grantees as to names on title and how vested (tenants in common, survivorship, sole ownership - all state specific).
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Edited by - LindaH on 03/16/2008 09:33:43 AM |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 03/16/2008 : 08:07:45 AM
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This is a deed which is guaranteed and secured unlike a Quitclaim deed which is as is. You will find covenants of the quality of the property in a Warranty Deed.
Legal Eagle Para Professional Services |
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jbelmont
California
3106 Posts |
Posted - 03/16/2008 : 01:52:06 AM
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| Has anyone had experience with Warranty Deeds? If you want to add definitions or explanations, that would be splendid. |
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Warranty Deed
