A deed is a legal document that is used to transfer ownership of real estate properties from a seller or grantor to a buyer or grantee. Deeds contain crucial information about the property, such as its legal description, boundaries, and any restrictions or encumbrances. Deeds can differ in their legal implications and level of protection for the grantee, and there are several types of deeds commonly used in real estate transactions.
The most common type of deed used in real estate transactions is the warranty deed. This type of deed provides the highest level of protection for the grantee, as the seller (grantor) guarantees that they have clear ownership of the property and will defend the title against any claims made by others. The deed also includes warranties or promises that the property is free from any liens or debts.
Another type of deed that is frequently used in transfers between family members or in divorce settlements is the quitclaim deed. This type of deed transfers only the grantor’s interest in the property to the grantee, without any warranty or guarantee of ownership or clear title. If there are any liens or debts on the property, they remain with the grantor.
Special Warranty Deed
A special warranty deed is another type of deed that provides a guarantee from the seller that they have not transferred title to any other party during their ownership of the property. This type of deed only covers the time that the seller (grantor) owned the property and not any previous ownership.
In California, a grant deed is commonly used, which guarantees that the property is free of any liens or debts, but does not include a warranty against any claims made by others.
A trust deed, also known as a deed of trust, is a type of deed that is used in states that allow non-judicial foreclosure. This type of deed involves three parties: the borrower (trustor), the lender (beneficiary), and a third-party trustee. The borrower transfers legal title to the trustee, who holds it as security for the loan. If the borrower defaults on the loan, the trustee has the power to sell the property and use the sale proceeds to pay off the loan.
A sheriff’s deed is used when a property is sold through a court-ordered foreclosure. It transfers ownership from the mortgage borrower to the highest bidder at a foreclosure auction.
Finally, when a property’s owner fails to pay property taxes, the government may sell the property at a tax sale auction. The successful bidder receives a tax deed, which grants them ownership of the property subject to any outstanding liens or debts.
Each type of deed has its unique legal implications and requirements, and it is essential to consult with a real estate attorney or agent to ensure a smooth and successful transaction when buying or selling real estate. Understanding the different types of deeds available will help buyers and sellers make informed decisions and choose the type that provides the necessary level of protection for their interests.