JUST THE FAQs -Quit Claim Deed vs. Warranty Deed - What is the difference?

Sargent's Title Company Blog


FAQs-Quit Claim Deed vs Warranty Deed

 What is a Quit Claim Deed? A deed that does not imply that the grantor holds title, but that surrenders and gives to the grantee any possible interest or rights that the grantor may have in the property. With a Quit Claim Deed, you will inherit any encumbrances or defects in the title to the property and it comes with no guarantees. Quit Claim Deeds are typically used in situations where the grantor is transferring ownership between family members.

 

What is a Warranty Deed? A deed in which the grantor provides certain guarantees, such as that the grantor held valid title, clear from any undisclosed encumbrances. Traditional sales are transferred with a Warranty Deed along with a Policy of Title Insurance, insuring the grantee with a guarantee the validity of the title to the property.

Mar 26, 2021

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FAQs - Ladybird Deed

One of the biggest questions we receive is about Ladybird Deeds.
  • What is a Ladybird Deed?
  • Will it stop my seller from selling their home?
  • The owner has died and per the children there is a Ladybird deed recorded, what do we do next?
  • My client wants to place a Ladybird Deed on their home, how do they go about doing so?

So, what exactly is a Ladybird Deed ....
  • A Ladybird Deed is also known as an Enhanced Life Estate.
  • This is a deed in which the grantor transfers the property to him/herself, retaining the right to transfer or encumber the property during his/her lifetime, and upon the death of the grantor (if not otherwise disposed of), the property transfers to a named beneficiary, without the need to go through probate.
  • The Ladybird deed requires special language to ensure that the deed qualifies as a ladybird deed, therefore it should be prepared by an attorney.
  • The Ladybird deed should be recorded at the Register of Deeds office in the county in which the property is located.
  • The Ladybird deed only becomes active once the grantor(s) passes away and his/her death certificate is recorded with the register of deeds.

We are always available to answer any questions you may have or refer you to a real estate attorney that can help.

Mar 26, 2021

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FAQs - Letter of Authority

 

Jan 20, 2021

•What are Letters of Authority (LOA)?  A Document filed within the probate of an estate that appoints  a personal representative to act as a fiduciary of the estate, including the right to sell property, unless the LOA includes restrictions against certain actions.  LOAs should be recorded with the Register of Deeds. •How long are Letters of Authority good for?  For 1 year after the estate has been closed, if the letters do not contain an expiration date. •Do the Letters of Authority authorize a personal representative to convey real estate to him or himsel... Read more...

Tips to Identify Suspicious Email

 

Aug 27, 2018

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3 Steps to Guiding Clients through Home Inspections and Repairs

Aug 27, 2018

It is important to have a general discussion with your sellers about the customary practice for home inspections in your market.  Buyers who attend inspections with contractors or home inspectors can ask questions and be involved in the process.  Negotiating is all about a give and take so that each party feels like the deal they have worked out is fair.   Home inspections and repairs can be a tedious part of the sales process. It can feel like having to break the news to a seller that their child is flawed. Or it might be a part of the buying process... Read more...

Protect Yourself From Wire Fraud

 

May 18, 2018

Wire fruad is a real thing. Watch this short video for tips to help protect your money when using a wire to transfer funds. Your browser does not support the video tag.   ... Read more...

Why You Need Title Insurance

 

Aug 03, 2017

To protect possibly the most important investment you'll ever make - the investment in your home. With a title insurance policy, you as owner, have an indemnity contract that will reimburse you for loss in the event someone asserts a claim against your property that is covered by the policy.   How can there be a title defect if the title has been searched? Title insurance is issued after a careful examination of copies of the public records. But even the most thorough search cannot absolutely assure that no title hazards are present, despite the knowledge and experience of professional... Read more...

4 Ways to Get Word-of-Mouth Recognition

Jan 19, 2017

  Referrals are the ultimate gravy train for business growth, but they're also a testament to the level of service you provide. Here are ways to stay top-of-mind with your satisfied clients.   Difficult to measure, almost impossible to track, but incredibly influential: These are the traits of word-of-mouth (WOM) marketing.    According to a study by Nielsen Co., 92 percent of consumers trust recommendations from friends and family over other forms of marketing. While WOM cannot be controlled, it can be encouraged. So here are four tips to make WOM your next powerful ma... Read more...

Questions to Ask When Considering Selling

 

Jan 19, 2017

These questions will help you decide whether you’re ready for a home that's larger or in a more desirable location. If you answer yes to most of the questions, you may be ready to move.   Have you built substantial equity in your current home? Check your annual mortgage statement or call your lender to find out how much you've paid down. Usually you don't build up much equity in the first few years of your mortgage, as monthly payments are mostly interest. But if you've owned your home for five or more years, you may have significant, unrealized gains.   Has your income... Read more...

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