A “Special” Warranty Deed is used in limited circumstances and, in most cases, it limits the nature of the title transferred.
Quitclaim and Warranty Deed Questions
Answers to Frequently Asked Quitclaim, Warranty and Survivorship Deed Questions
If My Name is On the Deed to My Recently Deceased Parents House, Does Their Will Stating Distribution to All Siblings Override That Deed?
Only property that is wholly owned by the decedent at the time of his or her death will be handled by a probate proceeding, regardless of any provision in a Will.
Can A Family Member with 50% Ownership Transfer Property Without My Knowledge?
As there are many different Deed structures, the original deed must be carefully examined to determine the authority available to transfer the property.
Can a Person With Power of Attorney Transfer Real Estate Using a Quitclaim Deed?
A Power of Attorney document is created and signed by a grantor to allow one person to conduct business on behalf of another.
Typically, a Power of Attorney document must specify the type(s) of business that can be conducted on behalf of the person granting the Power of Attorney (or grant permission for ‘all types of personal business’).
So intent matters.
Must a Quitclaim or Warranty Deed be Notarized?
Many recorder’s offices will not accept a deed that has not been notarized.
How Do Beneficiaries Change the Deed of a Property Intended for a Trust That Was Not Transferred Before Our Father’s Death?
A property ‘intended’ to be included in a Living Trust cannot be considered part of the Trust. Instead, a probate case may need to be open so that the probate court can issue an order transferring title to the property per state law.
Can a Divorced Woman Sign a Quitclaim Deed With Her Maiden Name if the Original Deed Was Signed Using a Married Name?
Signing a Quitclaim Deed with a different name other than the same name as on the original deed — be it a former name or a maiden name — could create issues with the transfer of title.
How Do My Girlfriend and I Take Equal Ownership in Buying a House While Listing Only One of Our Names on the Mortgage?
A lending institution is more likely to loan money when it feels that there is adequate security for its loan. While a lender may make a loan to one person who is to be the co-owner of a home (disregarding the other), most conventional loans require that both owners sign the note and grant the mortgage to secure the loan. (The theory is that payment from two sources is better than payment from one from the perspective of the lender.)
How Do Multiple Siblings Transfer a House Not Covered by a Will to Just One of the Siblings?
Regardless of the desires of all the siblings / beneficiaries, a piece of property cannot simply be assigned to one person if a Last Will and Testament does not exist or specifically direct as much.
Can I Remove a Living Person From a Deed if They Have Left and I Cannot Locate Them?
An owner of real estate can file a “quiet title” action asking the court to issue an order vesting title in the person bringing the lawsuit. But the process requires some very specific steps, and is left up to a judge to decide.