A Quick Guide To Property And Title Deeds In California
Looking to buy a new house? A piece of land? Or are you looking to sell yours instead? The first thing you need to know is the type of deed you're getting for the property.
There are 5 different types of deeds, and all of them serve their own functions along with some pros and cons. Here's a quick guide to deeds, as often overseen by our prescreened Anaheim Estate Lawyers in California:
What Is A Deed?
A deed is used to lawfully transfer property title and ownership from the grantor to the grantee in real estate transactions. Regardless, a deed must be recorded at the Clerk of Records office of the County when all needed parties have signed it.
If you neglect to file the registered deed, you do not lose control of the property. However, proving your ownership becomes more complex, which can result in a range of consequences, including the loss of your property to a county tax lien sale.
What Type Of Deed Do You Need?
There are five different types of property deeds, each of which is used in a different situation:
1. Warranty Deed
In terms of property deeds, this is the best. It's a term that's commonly used in real estate deals. The grantor assures the grantee that the property's title is clear and that there are no debts or liens against it. Not just during that buyer's possession of the property but throughout its whole lifetime.
Throughout the property's lifetime, the grantor ensures the grantee that there have been no issues with the title. In addition, this deed is used by the grantor to notify the grantee that they have the full legal right to sell the property and that it is free of debts and liens.
If it is later discovered that this was incorrect after the sale, the grantor may be held accountable and compelled to validate the title or refund the grantee for any outstanding back taxes or liens. This means that for the rest of your life, or as long as you own the property, you're insured.
A Warranty Deed provides the highest level of protection for a land buyer. If you want to buy a house, but the grantee refuses to use a Warranty Deed, you should speak with an Anaheim Estate Lawyer.
2. Special Warranty Deed
This is comparable (although not exactly identical) to a Warranty Deed. However, it does not offer the same amount of protection to the buyer.
The grantor of a Special Warranty Deed does not cover the property's entire history, unlike a conventional warranty deed.
The grantor's guarantee only covers disputes or questions about the title during the grantor's ownership. In addition, the security is only valid for the number of years they have owned the property, whether past or future.
As a result, the grantor is not legally responsible for any debts or titles incurred while they did not own them. However, the grantor assures that they have all legal rights to sell the property, similar to a Warranty Deed.
A Special Warranty Deed is routinely used in the sale of commercial property. A common type of deed used in real estate transactions is the General Warranty Deed.
Consult your Anaheim Estate Attorney if you have any questions.
3. Non-Warranty Deed (Quitclaim)
Family members, friends, and acquaintances are the most prevalent perpetrators of this third sort of deed. In some situations, it's also known as a Non-Warranty Deed.
A Quitclaim Deed protects the donor almost completely. However, there is no guarantee of title chain, full property ownership, or that the property is free of liens or obligations. In addition, there are no assurances on the quality of the title.
A Quitclaim Deed can also be used to correct any mistakes in the original deed, such as misspelled names, missing signatures, failure to record the document with the county, or bringing a document up to date.
Only utilize a Quitclaim Deed to purchase property from someone you know and trust because there is so much at stake. So naturally, you want to make this transaction as risk-free as possible.
For additional information on quitclaims, contact your Anaheim Estate Law Attorney.
4. Sale & Bargain Deed
This sort of deed, like the others listed above, technically transfers property ownership from the grantor to the grantee.
The Bargain and Sale Deed's underlying meaning, on the other hand, is that it transfers the right to sell the property in the future. Therefore, it doesn't contain any guarantees on the title.
Simply put, the grantee now has the right to sell the property in the future. But, even then, the grantee does not always have ownership of the land. As a result, you have no guarantee that you will own the property outright or that it will be free of any debts, liens, or other encumbrances. Furthermore, the grantor takes no responsibility for the property's condition before or after the transfer.
If this deed is utilized, the seller may have proper title to the lot and convey it, but this is not guaranteed, and there are no consequences.
Before entering a transaction, always consult with an Anaheim Estate Attorney first. You need to know what you're agreeing to and what you're waiving in exchange for it.
5. Grant Deed
This deed guarantees that the grantor has not previously transferred the title to someone else. As a result, if you have this deed, no one else will be able to acquire the land out from under you. However, it does not imply that the title chain is complete or that the property is free of liens or obligations.
A grant deed is a legal instrument that allows property rights to be transferred to a Trust or a corporation. Contact your Anaheim Estate Lawyer for guidance on the next steps to take to ensure you complete everything correctly.
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