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Types of Deeds

In the previous post, I mentioned that a Deed is a certificate that proves who owns the title to real estate. Deeds come in several types depending on the situation. Let's explore the types of Deeds:

  • Deed of Trust:

  • Typically used when obtaining a loan from a bank for a mortgage. This Deed is created between the person obtaining the loan and the person providing the loan. Through this Deed, the bank gains the right to use the house as collateral, and in case the loan is not repaid, they have the right to foreclose.

  • General Warranty Deed:

  • Received by the buyer in a general real estate transaction. It assures that the seller has the right to sell the property and guarantees that there are no hindrances such as mortgages, debts, or legal issues affecting the property.

  • Special Warranty Deed:

  • Offers less legal protection compared to a General Warranty Deed. It guarantees that there are no hindrances to the buyer's rights only during the time the current seller owned the property. It does not provide protection for any encumbrances before their ownership.

  • Quitclaim Deed:

  • Used for transferring property ownership within family members (spouses, siblings, parents, children). It doesn't impose taxes on the property transfer, but it lacks guarantees or protection regarding existing mortgages or debts. The new owner may need to compensate for any existing obligations.

  • Grant Deed:

  • Essentially a real estate transfer document. It transfers all rights to the property at an agreed-upon price between the seller and the buyer.

These are some commonly encountered types of Deeds, and there are likely more variations. The roles of each Deed are more nuanced than can be fully explained in this brief overview. It's important to note that for a deeper understanding of legal documents, consulting with an attorney is recommended.

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