Helping U Find A Way

Warranty Deeds

by Helping U Find A Way

 - Tue, Jul 1 2008

When title to a property is transferred in CA it is usually by a Grant Deed or Quit Claim Deed. More and more lately though I have noticed the use of Warranty Deeds which have been more commonly used in the Midwestern and Eastern states.

A Quitclaim Deed transfers to the grantee only the interests in real property which the grantor has, the grantee assumes responsibility for any claims against the property. They are routinely used in divorce cases.

Grant Deeds are the most commonly used and carry with them the implication that the property has not been transferred to anyone else and is not otherwise encumbered except as noted in the deed.

The Warranty Deed carries an additional promise. The grantor promises to defend the title against any defects; i.e. if at any time, a defect in the title or any problem in the transaction becomes clear, the grantor will compensate the grantee. This promise applies even if the defect was caused by a prior owner.

**No posts or comments contained in this blog are intended as legal advice. I am not an attorney**


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