Creating a Warranty Deed

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Creating a warranty deed is an essential element of any real estate transaction. It provides a legally binding record of ownership and outlines the rights and responsibilities of both parties, protecting buyers from any misrepresentations made by sellers as well as any undisclosed liens or encumbrances on the property. With a clear record of title and ownership, buyers can be sure that they are purchasing from the true owner, free from future legal issues.

At Genie AI, we understand how important these documents can be in ensuring that you get the best out of your real estate transaction. That’s why we provide access to millions of datapoints teaching our AI what constitutes market-standard warranty deeds and offer an open source legal template library so anyone can draft their own high quality document without paying for lawyer fees. We want to help you make sure every step in your purchase is secure - no Genie AI account required!

Our step-by-step guidance below provides all the information you need to navigate through this complex process with ease - read on for more detail. Our community template library offers templates tailored to meet specific requirements such as transferring title and other special circumstances which have been approved by industry experts and verified by our team here at Genie AI. So whether you’re buying, selling or renting a property, our library has it covered. Visit us today to gain access to all these resources!

Definitions (feel free to skip)

Grantor: The person or entity transferring the property.
Grantee: The person or entity receiving the property.
Lien: An encumbrance on property that gives a creditor the right to take possession of it until a debt is paid.
Consideration: Payment or other compensation exchanged for the property.
General Warranty Deed: A legal document that provides the grantee with all warranties of title.
Special Warranty Deed: A legal document that provides the grantee with warranties of title for the time period the grantor owned the property.

Contents

• Definition and purpose of a warranty deed
• Requirements for creating a warranty deed
• Identify the grantor, grantee, and property
• Describe the property
• Include the legal language and terms
• Include the consideration for the deed
• The parties involved in a warranty deed
• Grantor
• Grantee
• Understanding the legal language and terminology in a warranty deed
• Identify the type of warranty deed
• Understand the parties’ rights and obligations
• Preparing a warranty deed document
• Draft the deed
• Fill in the required information
• Double-check all information is correct
• Signing the warranty deed
• Read over the deed
• Sign the deed in the presence of a notary
• Recording the warranty deed
• Prepare the deed for recording
• Submit the deed to the county recorder
• Understanding the legal implications of a warranty deed
• Know the warranties of title
• Understand the rights and obligations of the parties
• Tips for creating an effective warranty deed
• Use a reliable form
• Make sure all information is accurate
• Have the deed notarized
• Finalizing the warranty deed
• Keep a copy of the deed
• Ensure the deed is legally enforceable

Get started

Definition and purpose of a warranty deed

• Understand what a warranty deed is - it is a legal document used to transfer ownership of real property from one person to another
• Know the purpose of a warranty deed - it guarantees that the property is owned free and clear of any other claims, and that the owner has the right to transfer ownership
• Understand the legal language used in warranty deeds - it is important to understand the meaning of the words used in the deed in order to properly transfer the property
• Check off this step when you are familiar with the definition, purpose, and legal language of a warranty deed.

Requirements for creating a warranty deed

• Be sure all parties involved are over the age of 18
• The deed must be written and signed by the grantor
• The deed must include a legal description of the property
• The deed must include an acknowledgment of the grantor’s signature
• The deed must be signed and notarized by the grantor
• The deed must be recorded by the county recorder

When you have the deed written and signed by the grantor, with a legal description of the property, acknowledgment of the grantor’s signature, and the grantor’s signature notarized, you can check this off your list and move on to the next step.

Identify the grantor, grantee, and property

• Identify the grantor, grantee, and property involved in the warranty deed.
• The grantor is the party transferring the property, the grantee is the party receiving the property, and the property is the real estate being transferred.
• Verify the accuracy of the names and addresses of the grantor and grantee.
• You can check this off your list when you have accurately identified the grantor, grantee, and property involved in the warranty deed.

Describe the property

• Clearly and accurately describe the property being transferred
• This may include a description of the location and size of the property
• The description should be as detailed as possible and should include information such as the address, surveys, and/or lot numbers
• You will know you have finished this step when you have included all the necessary details about the property in the deed document.

Include the legal language and terms

• Research the legal language and terms for warranty deeds in your state
• Obtain a copy of a warranty deed form from your local courthouse or county recorder’s office
• Fill in the legal language and terms on the warranty deed form with the necessary information
• Make sure that the legal language and terms include the following information:
• The names of the grantor and grantee
• A description of the property
• The date of the warranty deed
• Check to make sure all of the information is correct and accurate
• Once you have completed the legal language and terms of the warranty deed, you can check it off your list and move on to the next step.

Include the consideration for the deed

• Determine the amount of money to be exchanged as consideration for the deed.
• Write the consideration clause into the deed, including the amount of money to be exchanged.
• Ensure that the consideration clause is legally binding and enforceable.
• When you have included the consideration clause in the deed and verified that it is legally binding and enforceable, you can check this step off your list and move on to the next step.

The parties involved in a warranty deed

• Identify the parties involved in the warranty deed: the Grantor (the current owner of the property) and the Grantee (the new owner of the property)
• The Grantor must be identified by name and their marital status (if applicable)
• The Grantee must also be identified by name and their marital status (if applicable)
• Once the parties have been identified, you can move on to the next step of including the consideration for the deed.

Grantor

• Research the grantor’s name, address, and contact information to ensure accuracy
• Locate the grantor’s original deed to the property, if available
• Gather the proper signatures from the grantor for the warranty deed
• Ensure the grantor is legally competent to sign the warranty deed
• Check the deed for accuracy and completeness before filing
• Once the grantor has provided their signature, the step is complete and you can proceed to the next step: Grantee.

Grantee

• Identify the grantee, or the person who is receiving the property.
• Enter the name and address of the grantee.
• If the grantee is a business, include the type of business, such as a corporation or LLC.
• Make sure the grantee’s information is accurate and complete.
• Once the grantee’s information is entered, you can move on to the next step.

Understanding the legal language and terminology in a warranty deed

• Understand the meaning of key words used in the warranty deed such as “grantor”, “grantee”, “warranty”, “conveyance”, “premises”, and “quitclaim”
• Research to gain a full understanding of the legal language and terminology
• Become familiar with the key concepts and the legal implications of a warranty deed
• When you feel confident and have a comprehensive understanding of the language, terms, and concepts of a warranty deed, you can move on to the next step.

Identify the type of warranty deed

• Determine if the warranty deed is general or special - General warranty deeds provide the most protection, while special warranty deeds are more limited in scope
• Identify the specific type of warranty deed - There are several kinds of warranty deeds, including quitclaim deed, bargain and sale deed, and grant deed
• Understand the differences between the types of warranty deeds - For example, a quitclaim deed does not guarantee title but does transfer any interest a person has to the property, while a bargain and sale deed provides some assurance of title but no warranties
• Once you understand the differences between the types of warranty deeds and have identified the type of warranty deed, you can check this off your list and move on to the next step.

Understand the parties’ rights and obligations

• Understand the parties involved in the warranty deed: grantor, grantee, and witnesses
• Understand the grantor’s rights, such as the right to receive the property in return for a payment
• Understand the grantee’s rights, such as the right to take possession of the property
• Understand the witnesses’ rights and obligations, such as to witness the signing of the deed
• Understand the grantor’s obligations, such as the obligation to transfer the property to the grantee
• Understand the grantee’s obligations, such as the obligation to pay for the property

You can check this step off your list when you are familiar with the rights and obligations of each party involved in the warranty deed.

Preparing a warranty deed document

• Obtain the legal description of the property, including details about its boundaries, from the local assessor’s office
• Use the legal description to draw up a legal document outlining the parties involved, the property being transferred, and any other relevant information
• Have the deed reviewed by a lawyer
• Sign the deed in front of a notary public
• Record the deed with the county recorder or clerk’s office

Once you have obtained the legal description of the property, drawn up the legal document, had the deed reviewed by a lawyer, signed the deed in front of a notary public and recorded the deed with the county recorder or clerk’s office, you can check this step off your list and move on to drafting the deed.

Draft the deed

• Gather the necessary documents needed to draft the warranty deed, such as the deed form, legal description of the property, and title report
• Create a draft of the warranty deed, filling in all the necessary information such as the names of the grantor and grantee, the legal description of the property, and the consideration
• Have the draft reviewed by an attorney to ensure all the necessary elements of a warranty deed are present
• Make any necessary revisions to the draft based on the attorney’s feedback
• When the draft is finalized, you can move on to the next step of filling in the required information.

Fill in the required information

• Gather the required information, including the parties involved in the deed, the property’s legal description, and the consideration for the property
• Record the deed’s date of execution
• Insert the grantor’s name and address, grantee’s name and address, legal description of the property, and consideration amount
• Have the grantor and grantee sign and date the deed in the presence of a notary
• Once all the required information is filled in and all the signatures are in place, check that all the information is accurate and move on to the next step.

Double-check all information is correct

• Ensure that all personal information (grantor and grantee names, address, etc.) is correct and matches information in other documents
• Double-check that the legal description of the property is accurate
• Check that the deed has been notarized correctly
• Make sure the deed is properly filled out and no boxes are left blank
• Verify that all dates are correct
• Check that all the signatures are present
• Once you have checked all the information, you will be able to move on to the next step of signing the warranty deed.

Signing the warranty deed

• Have all involved parties sign the deed in front of a notary public
• The notary will witness the signing of the deed and can provide an additional layer of protection for all involved
• Make sure to have the notary provide a notarial seal for verification
• When all parties have signed the deed in front of the notary, the deed is complete and ready to be filed

Read over the deed

• Carefully read over the warranty deed to make sure all information is accurate and complete.
• Check that all required signatures are present.
• When you can confirm that all the details in the deed are accurate and complete, you are ready to move on to signing the deed.

Sign the deed in the presence of a notary

• Gather the proper documents and have all relevant parties sign the warranty deed in the presence of a notary
• The notary will need to witness all signatures and then sign and stamp the deed
• All relevant parties should receive a copy of the warranty deed once it is notarized
• You will know that this step is done when all relevant parties have signed the warranty deed in the presence of the notary.

Recording the warranty deed

• Take the notarized warranty deed to the county recorder’s office in the county where the property is located
• Provide the recorder’s staff with the deed, a self-addressed stamped envelope, and the appropriate fees
• Ask the recorder’s staff to record the deed in the county’s official records
• Once the recorder staff has processed the deed, they will return the deed to you in the self-addressed stamped envelope
• You can check this off your list when you have received the recorded deed in the mail.

Prepare the deed for recording

• Obtain the warranty deed form from your state or county’s website or from a legal stationery store
• Fill in all the necessary information, including the names of the grantor and the grantee, the legal description of the property, the consideration (monetary amount) for the deed and the signature of the grantor
• Make sure to include any other documents that are necessary to complete the warranty deed
• Have the deed witnessed, if required by your state
• Once all the information is filled in and all the documents are included, you have successfully prepared the deed for recording and can move on to the next step

Submit the deed to the county recorder

• Locate the county recorder’s office in your area and bring the completed warranty deed with you.
• Submit the deed to the county recorder.
• Provide the county recorder with the appropriate fee for recording the deed.
• Once your deed has been accepted and recorded, you will receive a copy of it back with a stamp of approval.

You will know when you can check this off your list when you have received the stamp of approval from the county recorder.

Understanding the legal implications of a warranty deed

• Read up on the laws and regulations associated with creating and transferring property deeds in your state.
• Consult with a lawyer or a legal professional to understand the implications of creating a warranty deed.
• Make sure you understand the legal terms associated with creating and transferring a warranty deed.
• When you are confident that you understand the legal implications of creating a warranty deed, you can check this step off your list and proceed to the next step.

Know the warranties of title

• Understand the different warranties of title when creating a warranty deed
• Identify the different warranties of title such as the covenant of seisin, covenant against encumbrances, covenant of good right to convey, covenant of general warranty, and covenant of quiet enjoyment
• Learn the definition of each warranty of title in order to properly create a warranty deed
• Once you fully understand the warranties of title, you can check this off your list and move on to the next step.

Understand the rights and obligations of the parties

• Research the legal requirements of a warranty deed in the jurisdiction which the deed is issued
• Learn the details of the rights and obligations of the grantor (seller) and grantee (buyer)
• Draft language that outlines the grantor’s warranties of title
• Make sure that the grantor and grantee are listed correctly
• Ensure that the deed is properly signed and notarized
• When all of the above is complete, you are ready to move on to the next step.

Tips for creating an effective warranty deed

• Use simple language that is easy to understand
• Provide a clear description of the property
• Include the legal description of the property
• Include the names and addresses of the grantor and grantee
• Include the consideration amount to be paid
• Include a statement of warranty
• Sign the document in the presence of a notary
• Check with your local county or state to check any requirements
• Verify that the deed is properly recorded

When this step is complete, you will have a warranty deed with all the necessary information and documents filled out.

Use a reliable form

• Search online for a reliable warranty deed form
• Have an attorney review the form to make sure it meets your needs and the requirements of your state
• Make sure the form includes all the necessary information such as grantor, grantee, legal description of the property, and consideration
• Print the form and make sure you have a way to sign it
• When you have a reliable form with all the necessary information, you can check this step off your list and move on to the next.

Make sure all information is accurate

• Review each section of the form, making sure that all information is accurate and up to date
• Verify that the Grantor and Grantee names are correct
• Check if all the legal descriptions are correct and up-to-date
• Make sure the date is correct
• Double-check all of the information to ensure that it is accurate and complete
• When all of the information has been verified, you can move on to the next step of having the deed notarized.

Have the deed notarized

• Gather all necessary parties together to be present for the notarization.
• You will need a valid form of identification (e.g., driver’s license or passport).
• Sign the document in the presence of the notary.
• The notary will then sign, seal, and date the document.
• Once the document is notarized, it is ready for filing.

You can check this off your list when all parties have signed the document and the notary has provided the notarization.

Finalizing the warranty deed

• Sign the deed in front of a notary public
• Obtain original copies of the deed for all parties involved
• Have the notary public certify the deed
• Once all parties have signed the deed and it has been notarized, the warranty deed is finalized
• You can check this off your list and move on to the next step once all parties have signed the deed and the notary has certified it.

Keep a copy of the deed

• Make a copy of the warranty deed and store in a safe and secure place
• Have all parties sign the copy
• Ensure that all parties have a copy of the warranty deed
• You will know that you have completed this step when all parties have a copy of the deed.

Ensure the deed is legally enforceable

• Consult with a real estate attorney if you are unsure of the proper method for creating a warranty deed
• Have the deed notarized and signed by all parties involved
• Obtain copies of the deed for all parties involved
• File the deed with the county recorder’s office
• Once all of these steps are completed, you know that you have created a legally enforceable warranty deed.

FAQ:

Example dispute

Possible Lawsuit Involving Warranty Deed

• A plaintiff may raise a lawsuit referencing a warranty deed if they believe a breach of the deed has occurred.
• The warranty deed must be for real property and must be in writing and signed by the grantor in order for it to be legally binding.
• The warranty deed must outline the terms of transfer of the real property and any promises made by the grantor in regards to the real property.
• The plaintiff must prove that the grantor breached the warranty deed in some way, either through failing to deliver the property as promised or failing to transfer the property according to the terms of the deed.
• The plaintiff must also prove that they suffered some kind of damage or loss due to the breach of the warranty deed.
• If the plaintiff is successful in their lawsuit, the court may award them damages which could include reimbursement of the money they spent on the property, compensation for any losses incurred due to the breach, or both.
• Settlement may be reached if the grantor agrees to pay the plaintiff the damages requested, or a compromise between the two parties can be reached.

Templates available (free to use)

Full Covenant And Warranty Deed New York
General Warranty Deed New Jersey
General Warranty Deed Ohio
General Warranty Deed Texas
Limited Special Warranty Deed Georgia
Limited Warranty Deed Minnesota
Limited Warranty Deed Ohio
Special Or General Warranty Deed Pennsylvania
Special Warranty Deed Florida
Special Warranty Deed Illinois
Special Warranty Deed New Jersey
Warranty Deed Florida
Warranty Deed Georgia
Warranty Deed Illinois
Warranty Deed Massachusetts
Warranty Deed Minnesota

‍