Type of Deed
If the formatted purchase and sale contract used by the parties in this transaction calls for a particular type of deed to be used, you will be bound by that agreement unless you negotiate an amendment prior to or at the closing. The definition of the two most commonly used deed forms are as follows:
1) Warranty Deed
- A Warranty Deed is one containing covenants of title, usually a general warranty, which includes in itself covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances.
2) Limited Warranty Deed
- The limited warranty deed is one in which the extent of liability for defective title is reduced by special recitals. The form in common use limits the warranty to the claims of persons holding by, through or under the Grantor. Such a deed would not warrant against an outstanding better title or encumbrance prior to the Grantor’s ownership, but would cover defects and encumbrances created or suffered by the Grantor.
- Generally, corporate entities such as Fannie Mae, Freddie Mac, HUD, relocation companies and bank-owned REO properties convey by limited warranty deed. They will not negotiate this matter. Individuals normally use warranty deeds as above described unless there is some reason to do otherwise.
- Normally we use a warranty deed without limitation unless the parties agree otherwise.
