Warranty Deed: Topical Outline
- What a Warranty Deed Is
1.1 Plain-language definition
1.2 How it transfers ownership of real estate from grantor to grantee
1.3 Why it’s considered the “strongest” deed in most states
1.4 How it differs from casual / DIY deed forms - The Warranty
2.1 The core promise: grantor guarantees good, clean title
2.2 Grantor swears no undisclosed liens, debts, claims, or other interests
2.3 Grantor swears grantor has the right to sell
2.4 Grantor promises to defend the title if someone later challenges it
2.5 Why buyers and lenders demand this protection - General Warranty Deed vs Special Warranty Deed
3.1 General warranty deed: covers the entire chain of title, forever, all the way back
3.2 Special warranty deed (a.k.a. limited warranty deed): covers only what happened while the grantor owned it
3.3 Why sellers try to force special warranty deeds
3.4 Why buyers (and buyer’s lender) often push back
3.5 Which version is “normal” in residential deals vs commercial deals - What a Warranty Deed Does Legally
4.1 Transfers title to the buyer
4.2 Puts enforceable promises on record
4.3 Gives the buyer legal claims against the seller if title is not what the seller said it was
4.4 Makes future buyers and lenders more comfortable with the chain of title - What a Warranty Deed Does Not Do
5.1 It does not erase recorded liens (mortgages, tax liens, judgments)
5.2 It does not cure boundary/survey problems
5.3 It does not guarantee zoning, permits, or condition of the house
5.4 It does not act like title insurance (it’s a promise, not a policy)
5.5 It does not bypass recording — you still have to record it to lock in priority - Key Parts of a Warranty Deed
6.1 Correct legal names of grantor and grantee
6.2 Consideration (the price or stated value being paid)
6.3 Legal description of the property (full metes-and-bounds or lot/block, not just the street address)
6.4 Granting clause (the language that actually transfers title)
6.5 Warranty language (the promises)
6.6 How the new owner will hold title: individual, joint tenants with right of survivorship, tenants in common, community property, trust, LLC, etc.
6.7 Signatures, notary block, and any state-specific execution rules (spousal joinder, witness signatures, etc.)
6.8 Preparer and return address for recording - How to Use a Warranty Deed in a Sale
7.1 Buyer and seller agree on terms in the purchase contract
7.2 Seller signs the deed at or before closing
7.3 Closing agent or attorney records the deed in the county land records
7.4 Buyer receives a recorded copy showing the transfer is now public record
7.5 Title insurance policy issues at closing based on that deed - Special Issues with Married Sellers
8.1 Even if only one spouse is on title, the other spouse may have homestead, dower, curtesy, community property, or elective-share rights
8.2 Many states require the non-owner spouse to sign off to release marital rights
8.3 What happens when the spouse refuses to sign
8.4 Divorce situations and why title companies get nervous - Risks the Seller Is Taking (Why Sellers Should Pay Attention)
9.1 Seller can be sued later if an old lien, forged deed, or missing heir shows up
9.2 Seller might be on the hook for legal fees to “defend the title”
9.3 Seller may have to pay money to clear title even after the sale is done
9.4 Why sophisticated sellers sometimes refuse general warranty deeds in commercial deals - Risks the Buyer Is Taking (Why Buyers Should Still Not Relax)
10.1 You are relying on the seller’s honesty and record-keeping
10.2 If the seller vanishes, dies, or goes bankrupt, enforcing the warranty may be worthless
10.3 Unrecorded easements, boundary agreements, or family claims can still surface
10.4 Title insurance is still mandatory in any serious purchase because title insurance backs money, not just promises - Warranty Deed vs Quitclaim Deed
11.1 Warranty deed = “I own this, it’s clean, and I’ll stand behind it”
11.2 Quitclaim deed = “If I own anything, you can have it, and if it’s garbage, that’s your problem”
11.3 Why quitclaim deeds are often used for gifts, transfers between family members, divorce clean-up, entity transfers, and internal moves
11.4 Why quitclaim deeds are usually not acceptable in a normal arm’s-length sale to a stranger - State-Specific Rules
12.1 Some states bake the warranties into certain magic words (“convey and warrant,” “warrant generally,” etc.)
12.2 Some states require specific disclosure of exceptions (easements, prior reservations, mineral rights) in the deed itself
12.3 Some states require witnesses and specific notary wording to make the deed recordable
12.4 A few states don’t commonly use the term “warranty deed” but use functional equivalents - Recording and Priority
13.1 You must record the deed in the county land records where the property sits
13.2 Whoever records first usually wins priority against later claims
13.3 A deed sitting in your desk drawer is basically unsecured
13.4 Why failure to record creates chaos for heirs later - When You Do Not Want to Use a Warranty Deed
14.1 Transfers for no money (gift, estate planning, divorce, asset reshuffle) where you don’t want to promise clean title
14.2 Transfers into or out of an LLC or trust where you’re just changing how the asset is held, not selling it
14.3 Transfers with known title defects you refuse to insure personally
14.4 Fire-sale, as-is, distressed asset situations where the buyer understands the risk - FAQ Targets for Search
15.1 “Does a warranty deed mean I’m safe?”
15.2 “Is a warranty deed the same as a title?”
15.3 “Do I still need title insurance if I get a warranty deed?”
15.4 “Can I refuse to sign a general warranty deed and only give a special warranty deed?”
15.5 “What if the seller lied on the warranty deed?”
15.6 “Is a warranty deed better than a quitclaim deed?”
If you want next step content, we start with section 2. The strength of the warranty is the hook because that’s the economic difference between “normal retail sale” and “sketchy transfer.”