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What Is a General Warranty Deed?
Out of all the deed types, the general warranty deed gives the buyer the highest level of protection. It guarantees that the current seller (the grantor) has the legal right to sell the property to the buyer (the grantee). Additionally, it ensures no one else in the property’s past ownership history has a valid claim to it. If any issues arise, the grantor is responsible.
Why Use a Warranty Deed?
A warranty deed is commonly used in real estate transactions between people who don’t know each other. This deed offers peace of mind by putting everything in writing: who owns what, how much of it they’re transferring, a legal description of the property, and promises that the buyer receives what they agreed to buy.
When you receive a warranty deed as the buyer, you’re getting a set of guarantees in writing:
- Clear ownership – The property hasn’t already been sold to someone else.
- Legal authority – The seller has the legal right to transfer the property.
- Defined ownership share – If multiple owners exist, the deed clearly outlines the seller’s portion being transferred.
- Protection from unknown claims – If an unknown third party later claims rights to the property, the seller is responsible—not you.
- No hidden debts – The seller is responsible for any outstanding debts or liens tied to the property.
- Accurate property description – The deed includes a precise legal description and address of the property.
General Warranty vs. Other Deeds
The general warranty deed offers the most protection, but other deeds have their own strengths.
- General Warranty Deed – Covers the entire property history, from the first owner to the current seller.
- Special Warranty Deed – Only guarantees that the title was clean during the time the current seller owned it.
- Quit Claim Deed – No promises or guarantees about ownership or title, used commonly for trusted transfers with family gifts, divorce, or corrections.
- Transfer on Death Deed (TODD) – Used to pass on property after the owner’s death without going through probate to save money. It must be completed before the owner passes and is only valid in certain states.
Steps to File a Warranty Deed (Step-by-Step)
Step 1: Fill Out the Form
Start by gathering the key details you’ll need to complete the deed:
- Full legal names and marital status of both the grantor (current owner) and grantee (new owner)
- The legal description of the property (not just the street address)
- The purchase price or consideration
- The county and state where the property is located
- The current ownership type (individual, joint ownership, business, or trust)
- A return address for where the finalized, recorded deed should be sent
- Any notary details required by your state
The online form above walks you through these fields step by step.
Step 2: Sign in Front of a Notary (or Witnesses)
Before the deed becomes official, it must be properly signed. Most states require the grantor to sign the document before a notary public. Some states may also require witnesses to be present.
Check state requirements—if the deed isn’t signed and notarized correctly, it won’t be considered valid.
Step 3: Record the Deed with the County
Once signed and notarized, the final step is to file the deed with the local county recorder or clerk’s office where the property is located. This makes the transfer official and puts it on the public record.
Where to Record
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