A general warranty deed is a property deed that guarantees a seller has a clear title to the real estate property and has a right to sell it. The deed is a title commonly used to show ownership of a property.
A special warranty deed guarantees that the seller did not incur any defects to the title during their period of ownership. This means that the deed does not guarantee the title is free of defects that may have been incurred prior to the seller acquiring the property. Thus, the new owner is not guaranteed a clear title and may have to resolve any disputes that arise from possessing a potentially unclear title.
A title dispute can arise in different ways. For instance, warranty deed disputes most often involve:
- Forged deeds
- Fraudulent deeds
- Competing deeds
- Unrecorded deeds
- Faulty deeds
Another type of warranty deed dispute involves parties at odds over the purchase of the property. For example, there may be an ownership dispute if one party buys the property in their name only because the other person has a poor credit history.
A “chain of title” refers to the history of the property’s ownership. The chain goes all the way back to the original owner. A common problem that arises with the chain of title is if a third party disputes the chain and asserts that they are the true owner of the property. The current owner will need to conduct a title search to determine if the third party has a valid claim.
If you have any questions about a general warranty deed, contact a real estate attorney. The attorney will answer any questions and resolve any warranty disputes.