Warranty Deed: Fill & Download for Free

Contact an attorney.A warranty deed declares that the grantor — your father — owned the property free of all liens, mortgages, or encumbrances.Since your father did not, then unless he had power of attorney, or you were a minor and he was your guardian, and there was no other trustee or other operator cosigning the deed on your behalf, and you did not do so yourself, the warranty deed is invalid.You’re not Snow White, and she’s not your Wicked Stepmother, unless this is a hypothetical scenario.

You can’t buy property with a Quitclaim Deed.There is no such thing as a Quitclaim Deed.There is a document called a “Quitclaim.”It is not a Deed.I know you’ve seen documents with “Quitclaim Deed” written at the top, and some were even prepared by Lawyers.But, trust me, I’ve been doing this for 40 years, and I owned and operated a Title Insurance Company.If you have one of these documents captioned “Quitclaim,” look at the wording.It says, basically, that “I don’t claim that I own this property, but if I do, I am hereby releasing my claim to you.”That is why it is called a “Quitclaim.”The person signing it is “quitting” any “claim” to the property.Now, there are many types of real Deeds, and they go by many different names, depending on the State where the property is located.The most common is a Warranty Deed.A Warranty Deed says, basically, I warrant that I own this property, this is the legal description, and I am deeding this property to you.A “Quitclaim” does not contain the required legal elements of a Deed, because it does not contain the declaration that the signer is the owner of the property, and that the property is hereby transferred, and is therefore not a Deed.I hope this helps.Good Luck.Michael Lantrip, Attorney | Accountant | Investorhttp://amazon.com/Michael-Lantrip/e/B01N2ZRGUY

In order to understand a quit claim deed you need to understand the most common form of deed, the warranty deed. A warranty deed is like it sounds. The person signing the warranty deed warrants that they have good title to the property. So, if there is a defect in the title the person selling the property is liable. (As are other people in the chain of title that gave a warranty deed.)A quit claim deed is totally without warranty. It basically says, “whatever I’ve got I’m conveying to you.” In all my years of practice, I can’t ever remember using a quit claim deed. Why? Title companies abhor them. They often trigger an exception in a title report that may require additional premium to insure around. So, in a divorce typically a “special warranty deed” is used where the warranty is only title from spouse to spouse.If I were representing a buyer generally I’d recommend against accepting a quit claim deed. If I’m representing a seller, I could see possibly some reasons to use one, but generally most situations can be handled with a special warranty deed. If you’re in a transaction the best person to ask is the underwriter at the title company that insures title. They can tell you if they will insure title with a quit claim deed.