Deeds

General Warranty Deeds – commonly used in Alabama. Property can be conveyed to two or more Grantees as joint tenants with rights of survivorship or as tenants in common.

Statutory Warranty Deed – used in transactions in which the grantor desires to limit the warranty to the time in which the grantor has owned the property.

Quitclaim Deed – used only to clear any possible interest someone might have in the property. Alone, this conveyance does not create marketable/merchantable title and generally not insurable.

Generally statutory warranty deed, infrequently by quit claim deed (personal representative, trustee, receiver, etc.).

Warranty Deeds and Special Warranty Deeds are generally used. Quit Claims are generally not used in sale transactions and are generally not insurable, but would be reviewed on a case-by-case basis.

Warranty Deeds and Limited Warranty Deeds are predominantly used. QC Deeds are generally used for curative work.

Grant Deeds are customarily used; Quitclaim deeds are occasionally used but generally are not insurable without underwriter approval.

Residential sellers usually use a general warranty deed. Commercial sellers usually use a special warranty deed. Warranty deeds, bargain and sale deeds and quit claim deeds are insurable provided they do not contain a material deficiency (e.g., faulty legal description).

The customary deed form is a warranty deed, but this custom can be varied by contract.

It is customary to convey via Special Warranty Deed. Deeds must have operative words “grant and convey”.

Any deed that fails to contain the words “grant and convey” is not insurable.

Typically, General Warranty or Special Warranty deeds are used to transfer title. Some Personal Representatives’ deeds contain limited warranties. Quit-claim deeds are only insurable on a case by case basis.

Customarily, a general warranty deed or special warranty deed is used in both residential and commercial transactions and are insurable.

Quit Claim Deeds are generally not insurable for use in an arms- length sales transaction. Quit Claim Deeds are generally used for clearing clouds on title, conveying a marital interest from one spouse to another or transferring title into the grantor’s family trust.

The customary form of conveyance is GA Deed-Warranty 1. Other common forms of conveyance include the following:

• GA Deed-Warranty (Limited) 1
• GA Deed-Quitclaim 1

Generally, Quitclaim Deeds are not insurable without local underwriter approval.

Forms:

GA LIMITED WARRANTY DEED
GA QUIT-CLAIM DEED
GA WARRANTY DEED

The usual conveyance document is a Warranty Deed or if leasehold, assignment of lease. Deeds not generally insurable would depend on the circumstances and underwriting requirements. Quit claim deeds may be insurable, subject to review and underwriting requirements.

A warranty deed or special warranty deed is customarily provided in commercial and residential transactions. Underwriting approval should be obtained if an insurance policy is being issued based on a quitclaim deed.

Types of Deeds:

1. Quit Claim Deed (General)
2. Quit Claim Deed (Joint Tenancy)
3. Quit Claim Deed (Tenancy by the Entirety)
4. Quit Claim Deed in Trust
5. Warranty Deed (General)
6. Warranty Deed (Joint Tenancy)
7. Warranty Deed (Tenancy by the Entirety)
8. Warranty Deed in Trust
9. Special Warranty Deed (General)
10. Trustee’s Deed

All other deed forms are subject to review and approval by an Illinois underwriter.

Warranty Deeds are the customary deeds used in the state. All deed forms are insurable subject to the facts and circumstances surrounding the issuance of a particular deed.

A warranty deed is customary for residential transactions. A warranty or special/limited warranty deed is customary for commercial transactions. Insuring a quitclaim deed is generally not insurable except with underwriter’s approval.

General warranty deed, special warranty deed, court officer’s deed, corporation warranty deed, joint tenancy warranty deed, quit claim deed (unusual). There are no general practices regarding deed forms.

Warranty Deed is customary for commercial and residential transactions. A Quit Claim Deed may be insurable if approved by an underwriter.

General warranty deeds are customary. In some instances, a special warranty deed may be insured. Quit-claim deeds may or may not be insurable, depending on the situation, and an underwriter should be contacted.

Louisiana does not provide a statutory form of deed. There are customary general warranty deeds, special or limited warranty deeds, and quit claim deeds. Forms for a deed, referred to as "an act of sale" in Louisiana, must contain the true sales price. All acts of sale or other instruments affecting the transfer of real property must also contain the correct names, marital status and addresses of the vendee, the vendor, as well as the municipal or street address of the property transferred, if available. Louisiana law does not recognize the common law estates in property such as a joint tenancy, a tenancy in common, or a tenancy by the entirety.

Commercial and residential properties are commonly conveyed via quitclaim deed or warranty deed. Insurability would be questionable in conveyances using any form of release deed or a quitclaim deed without covenant. By using such deeds, the grantor is making no representations whatsoever regarding the condition of the title.

Special warranty deeds are most commonly used in Maryland, and general warranty deeds are also accepted. Quit-claim deeds are highly disfavored, and may not be insured in the chain of title without underwriter approval.

With the exception of the western part of the state, which uses warranty deeds, deeds with only quitclaim covenants are used in all other transactions. Deeds from executors and administrators of an estate contain no covenants.

Warranty deeds, covenant deeds, fiduciary deeds, and quit claim deeds are acceptable. A limited warranty deed cannot be used in Michigan because statutes prohibit the limiting of warranties.

Warranty, Limited Warranty, and Quit Claim. All are insurable.

Warranty Deed or Special Warranty Deed preferred. Generally do not insure Quitclaim Deeds.

A General Warranty Deed is customary for residential and commercial transactions. A Special Warranty Deed may be used for commercial transactions. A Quit Claim Deed or Special Warranty Deed may be insurable if approved by an underwriter after review of the title search.

A grant deed or warranty deed must contain the word "grant" in order to give warranties. Warranty deeds are usually used for commercial and residential transactions. Quit claim deeds can be used.

General warranty deed, special warranty deed, personal representative’s deed, corporation warranty deed, joint tenancy warranty deed, quit claim deed (unusual).

Grant Bargain and Sale Deed is the customary form in Nevada; Warranty deeds are also acceptable upon review by underwriter; quitclaim deeds may be accepted, upon review.

Commercial and residential properties are commonly conveyed via quitclaim deed or warranty deed. Insurability would be questionable in conveyances using any form of release deed or a quitclaim deed without covenant. By using such deeds, the grantor is making no representations whatsoever regarding the condition of the title.

A bargain and sale deed with covenants against grantor’s acts is what is typically used for all transactions. All deeds in recordable form are insurable; however, a deed for nominal consideration in the immediate chain must be approved by underwriting.

The available kinds of deeds are warranty deed, special warranty deed and quitclaim deed. The statutory forms of these deeds are found at Section 47-1-44 NMSA 1978. The warranty deed provides general warranty covenants as defined by state statute (Section 47-1-37 NMSA 1978) and is acceptable and customary for all commercial and residential transactions. The special warranty deed provides extremely limited warranty covenants. (See Section 47-1-38 NMSA 1978). The quit claim deed is sufficient to convey any title interest in the real property held by the grantor, but without any warranty covenants whatsoever. A quitclaim deed will not convey after-acquired title. Use of the special warranty deed is growing especially by sophisticated sellers in commercial transactions. Quitclaim deeds are common in governmental sales or transfers and in gift or intra-family transactions. In addition, personal representative deeds and special master deeds are usually in the nature of quitclaim deeds, even if they are not called such. Acceptance of special warranty deeds and quitclaim deeds in their various forms for insurability purposes is becoming more common; absent special circumstances, those forms of deeds are acceptable for insurability. If you have questions in a particular transaction about the kind of deed, please contact your underwriter.

Typical Deed is Bargain and Sale with Covenants against Grantor’s Acts. Typically Quit claim deeds are not insurable.

General Warranty Deed: This is the most common deed in residential transactions between individual owners. We prefer to insure a general warranty deed since this contains all the warranties of title and the “defend” language.

Special Warranty Deed: A special warranty deed limits itself to warrant the acts of the current grantor. We use these deeds in corporate, LLC or Partnership (non-individual) entity transactions. We insure title based on special warranty deeds.

Trustee Deed: The Trustee deed limits itself to its authority (usually contained in the deed of trust) and does not contain “warrant and defend” language. However, this is the standard form from a trustee in a foreclosure. We will insure but we include exceptions to cover title matters which may affect our property.

Non-Warranty Deed: A Non-Warranty deed conveys nothing. We will not insure when used to convey title (since it really doesn’t convey anything). Non warranty or quit claim deeds are used for the purpose of clearing up a title, survey, or boundary matter. We also use non-warranty deeds with some additional language for release of marital rights of a titled or untitled spouse.

(A) Warranty, Limited Warranty and Quit-Claim are customary.
(B) Any deed can be insured if Underwriter is satisfied that it is conveying something.

All deeds are insurable. Customarily, a general warranty deed is used in both residential and commercial transactions.

The customary form of conveyance for commercial and residential transactions in Oklahoma is the Warranty Deed. Other forms of conveyances are included in the references below.

Attestation and corporate seals are no longer required on corporate conveyances in Oklahoma.

Deeds not Insurable:

Transfer-on-Death deeds are not insurable due to the fact the interest conveyed does not vest until the death of the grantor and is documented per statute, 58 O.S. §1251 et seq.

Warranty Deed
Special Warranty Deed
Bargain and Sale Deed
Quitclaim Deed

These forms are permissive and not mandatory. Other forms of deeds may be used for the conveyance of real property. All deeds should contain the statement required by ORS 93.040(1). Additionally, a statement of consideration is required by ORS 93.030.

The language required under ORS 93.040(1):

“BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.”

Grant Deeds that do not contain conveyance language are not insurable.

Special Warranty Deeds are customary. Quit Claim Deeds are generally not insurable. We suggest that a "Warrantless, Conveyance Deed" be used instead of a Quit Claim Deed.

Warranty deeds are commonly used for residential closings, by contract. Quitclaim Deeds and Bargain and Sale Deeds are commonly used for commercial closings. Statutory Forms are found in Rhode Island General Laws, Section 34-11-12. Generally, tax deeds, sheriff’s deeds, transfer on death deeds, and deeds of trust are uninsurable.

Residential property is customarily conveyed by general warranty deed while commercial property is customarily conveyed by limited warranty deed. General warranty, limited warranty, and quit claim deeds are insurable. Tax deeds or Sheriff’s deeds may only be insured in limited circumstances, and will require local underwriter approval.

Warranty, Limited Warranty and Quit- Claim Deeds. There are no deeds that are generally not insurable.

Customarily, a general warranty deed is used for both residential and commercial transactions. However, quit claim deeds and special warranty deeds can be used, and are used.

Trustee deeds are normally used in foreclosure situations.

Any type of deed is insurable if it is in a recordable form.

General warranty deeds (residential transactions) and special warranty deeds (commercial transactions) are commonly used for insured transactions. Deeds without warranty are acceptable with underwriter approval. Quit claim deeds do not provide bona fide purchaser status and except in family situations are generally not used in a current transaction, and are generally not insurable.

A warranty deed or special warranty deed is customarily provided in commercial and residential transactions. Underwriting approval should be obtained if an insurance policy is being issued based on a quitclaim deed.

The customary deeds are Warranty Deeds, Limited Warranty Deeds and Quit Claim Deeds. Generally, Tax Collector Deeds are not insurable, for at least the Statute of Limitations period following the tax redemption period.

General and Special Warranty and Quitclaim deeds are customary and insurable.

Customary: Warranty Deed (maximum warranties conveyed), Bargain and Sale Deed (warrants only against those encumbrances done/suffered by grantor), and Quit Claim Deed (warrants nothing).

Not Insurable: Tax Deed, Trustee’s Deed (may be insured under special circumstances).

General and Special Warranty and Quitclaim deeds are customary and insurable.

General warranty deeds, limited warranty deeds, quit claim deeds are available and used. Insurance will be generally available with these deeds.

A warranty deed or special warranty deed is customarily provided in commercial and residential transactions. Underwriting approval should be obtained if an insurance policy is being issued based on a quitclaim deed.