“The seller will defend the title to the real estate against the claims of all persons.” That’s one thing a warranty deed warrants. What does that mean? Sounds like something you don’t promise without providing title insurance with a “warranty” deed correct? I’m just trying to figure out the significance in the warranty deed. Is it just a promise from some guy/gal selling their home backed by their word only?
The warranty deed is when the seller warranties that he has clear title and ability to transfer this title to the buyer. But I have the Brooklyn bridge that I promise I have title to and all you have to do is transfer $1 million to me and I will transfer the bridge to you. That is what a title insurance policy is for.
Hmm. Seems useless. Thanks
Let me explain deeds. First of all nobody owns land in the United States. People own rights to land. These rights are transferred by use of a deed. The rights include to transfer the land without encumbrances is a warranty deed. It means that the ownership is not encumbered by any others that may lay claim to the land. This give the seller the right to transfer all the rights. If there are special reservations you can get a special warranty deed which reserves certain rights that can’t be transferred (most commonly mineral rights). A quit claim deed is the right to transfer any deed warranty rights that may held by the buyer to the seller. Which means that the seller may or may not have rights to the land. A general warranty deed is the most solid form of ownership transfer and is not worthless but is worth the most of any of the deed types.
Thanks bluemoon. That helped.