Warranty Deed

Warranty Deed in United States

Warranty Deed Definition

One which contains covenants of warranty.

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Legal Issue for Attorneys

One which contains covenants of warranty.

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Notice

This definition of Warranty Deed Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Warranty Deed as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

Practical Information

Note: Some of this information was last updated in 1982

Upon a sale of Real Estate

Upon a sale of real property (in U.S. law), a deed (in U.S. law) under which the grantor (in U.S. law) covenants that he or she will forever warrant title (in U.S. law) to real property conveyed. A full covenant or general warranty deed may enumerate all the covenants (in U.S. law) of Title. In many states, it is necessary to set forth all of the covenants of title in full in the warranty deed: the usual covenants are implied if the deed contains certain words of conveyance. such as grant, bargain, and sell, or convey and warrant, or if a phrase such as the following is included after the description: and grantor warrants the title to the same, or with warranty, or with warranty covenants. A warranty deed does not correct a bad title: nor does it cure defects in former deeds. It merely gives the grantee (in U.S. law) the right to sue the grantor for breach of warranty if anyone later makes a claim against the property.

Upon a Loan

Upon a loan, an instrument used to secure payment of the debt. In some states, particularly Georgia, a warranty deed to secure a debt is used in lieu of a mortgage (in U.S. law). In the event of the death of the mortgagor (borrower), the mortgage, as a claim against his estate, is junior to expenses of administration, to a year’s support for the widow and children, and to certain other claims. In all states, a warranty deed that is in fact given to secure a debt is treated as a mortgage. Such an instrument is sometimes used in states where a mortgage does not provide adequate security under the law. A warranty deed to secure a debt usually contains the same provisions as a mortgage.

(Revised by Ann De Vries)

What is Warranty Deed?

For a meaning of it, read Warranty Deed in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Warranty Deed.

Practical Information

Note: Some of this information was last updated in 1982

A deed under which the grantor (in U.S. law) (seller) agrees that he or she will forever guarantee title to the premises conveyed. It assures that the grantor is the true owner and has the right to pass title; guarantees that there are no encumbrances on the property, such as a mortgage (in U.S. law) or tax lien, except those that have been specifically mentioned; and guarantees that the grantee (in U.S. law) will have quiet possession, that neither the grantee nor the grantee’s heirs will be dispossessed because of defect of title. The grantor further agrees to obtain and to give to the grantee and his or her successors any legal documents that may be necessary (such as a quitclaim from the heir of a deceased previous owner) to perfect the title. Most important, the grantor guarantees the title. If a flaw in the title should develop later, the grantee or the grantee’s successor is entitled to recover up to the full value of the property at the time of the sale.

(Revised by Ann De Vries)

What is Warranty Deed?

For a meaning of it, read Warranty Deed in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Warranty Deed.

Resources

See Also

  • Legal Topics.
  • Cloud on Title; Property Law; Recording of Land Titles; Registration of Land Titles; Title Search.

    Further Reading (Articles)

    Deed warranties and surveys., Point of Beginning; November 1, 2001; Broadus, Jerry R.

    warranty deed, Webster’s NewWorld Dictionary; January 1, 1988

    COUNCIL ACCEPTS DEED TO BRANDI DRIVE DEVELOPER ABANDONS EFFORT TO CUT WARRANTY PERIOD, The Buffalo News (Buffal
    o, NY); December 14, 1993; JOANN SCELSA – News Niagara County Bureau

    FILED DEEDS COULD IMPACT LAND GRANT AREAS.(News), Taos News (Taos, NM); February 24, 2011

    LAND GRANT DEEDS STALL REAL ESTATE MARKET.(News), Taos News (Taos, NM); March 3, 2011

    Commentary: Title Track: Deeds Are More Than Just a Conveyance, Daily Record (Rochester, NY); March 10, 2014; Fame, Michael A;

    LAND GRANT DEEDS BREED TREPIDATION IN BUYERS.(News), Taos News (Taos, NM); June 2, 2011

    DEEDS SHOW BOARD OWNS SCHOOL, Post-Tribune (IN); May 14, 1987

    TAOS-AREA LAND GRANT DEED CASES REMAIN IN LIMBO.(News), Taos News (Taos, NM); July 14, 2011

    Understanding various kinds of deeds, The Beacon News – Aurora (IL); September 5, 2004; Holden Lewis

    CENTENARIAN DENIES SIGNING LAND GRANT DEED.(News), Taos News (Taos, NM); July 28, 2011

    SERNA BOARD AGREES TO WITHDRAW LAND GRANT DEED.(News), Taos News (Taos, NM); April 21, 2011

    Warranty Deads, Telegraph – Herald (Dubuque); September 17, 2012; Herald, Telegraph

    SISTER SUES OVER GRANT DEED IN HONDO; TOWN SEEKS SERNA ACCORD.(News), Taos News (Taos, NM); April 14, 2011

    Quit-Claim Deed Property Needs a Full Investigation, The Washington Post; June 1, 1991; Benny L. Kass

    Warranty, Everyday Finance: Economics, Personal Money Management, and Entrepreneurship; January 1, 2008

    What Happens When the Address Is Wrong on the Deed? What to Do?, National Mortgage News; September 2, 2013

    HONDO BOARD SAYS LAND GRANT DEED LEGIT.(News), Taos News (Taos, NM); March 17, 2011

    A QUIT-CLAIM DEED SHOULDN’T INTERFERE WITH HOME SALE, Post-Tribune (IN); September 13, 1998

    Lien for Jointly-Owned Property May Be Invalid If Only One Spouse Signs Deed of Trust, Mondaq Business Briefing; October 28, 2013; Fink, Jeffrey


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