Real Estate Warranty Deed Vs. Quit Claim Deed

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    Real Estate Transfers

    • A person may own either the title or the rights to a piece of real property, or both. In order to transfer either, the transfer must be recorded in the public records using the appropriate deed.

    Warranty Deed

    • A warranty deed transfers ownership and guarantees that the transferring party has full, legal title to the real property he or she is transferring. Any exceptions are noted on the deed.

    Quit Claim Deed

    • A quit claim deed transfers only the rights to a piece of real property. The title is not transferred, and there is no guarantee that there are no prior claims to the property.

    When to Use a Warranty Deed

    • A warranty deed is generally used when transferring title from seller to buyer once the buyer has made all the payments and is especially useful if no title insurance is available.

    When to Use a Quit Claim Deed

    • A quit claim deed is generally used when there is some uncertainty regarding the title that needs to be cleared up.

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