General Warranty Deeds

What is a General Warranty Deed?

A General Warranty Deed conveys real property in most U.S. states. A General Warranty Deed not only conveys a grantor’s interests and title to a property, but also warrants that if the title is defective or has a “cloud” over it (such as a bankruptcy, tax lien, mortgage claim, or unknown easement), the grantee may hold the grantor liable.

What else does a General Warranty Deed do?

A General Warranty Deed also typically provides the following guarantees:

• The title has no encumbrances other than those expressly stated in the deed.

• If any title defects are subsequently found, the grantor agrees to correct those defects, within reason.

• No other person or party has a superior claim to the property than the grantee.

• The grantor has “seisin” (a term that means actual ownership of the property) and the legal right to convey that ownership.

• The grantor agrees that if in the future the title is challenged, the grantor will pay the expenses required to defend the title against challenge.

Does a General Warranty Deed require notarization?

Yes. In almost all cases, signatures on a General Warranty Deed require acknowledgment before a Notary Public or other officer authorized to take acknowledgments. A few states allow a proof of execution by subscribing witness when the principal grantor is unable to personally appear before a Notary. The absence of an acknowledgment or proof may prevent a General Warranty Deed from being recorded in the land records.

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Please remember that I am not a lawyer and cannot provide legal advice.