Warranty deeds are the most commonly used deeds in real estate transactions. Unlike quitclaim deeds, warranty deeds come with certain promises and guarantees. At closing, the buyer should be given the original copy of the warranty deed. A copy of the deed is also filed with the county recorder's office.
A warranty deed contains promises, called covenants, about the property and also guarantees the seller holds a clear title to the land, dating back to the origins of the property. Every warranty deed contains six important covenants for title; three present covenants and three future covenants. Warranty deeds are distinctly different from quitclaim deeds, which offer no guarantees.
There are three present covenants: the covenant of seisin, the covenant of right to convey and the covenant against encumbrances. The covenant of seisin promises that the seller owns and has title to the property he is selling. In other words, this covenant promises the seller is vested with seisin, meaning ownership. The covenant of right to convey promises that the seller has power to make this conveyance, meaning there are no temporary restraints on his power to sell the property, and he has the right to grant or convey the land to another. Lastly, the covenant against encumbrances promises there are no servitudes or mortgages on the land that have not been previously disclosed.
Read More: What Does "With Warranty Covenants" Mean on a Deed?
There are three future covenants: the covenant of quiet enjoyment, the covenant of warranty and the covenant for future assurances. The covenant for quiet enjoyment promises that the buyer will not be disturbed by another party's claim to the title. The covenant of warranty is a promise by the seller to defend the buyer should there be any lawful claims of title asserted by third parties. Lastly, the covenant for further assurances is a promise by the seller to perform whatever future acts are reasonably necessary to perfect the buyer's title if it later turns out to be imperfect.
How to Obtain a Copy of a Warranty Deed
Warranty deeds are on file with county recorder's office in the county where the property resides. To get a copy of a warranty deed, go to the county recorder's office and request a copy. Often, you will be charged a fee for the copy.
Alternatively, if you are looking for a copy of the warranty deed that accompanied your purchase, you can contact the lawyer who assisted with the legal aspects of the sale or your mortgage company for a copy of the deed.
Lindsay Nixon has been writing since 2007. Her work has appeared in "Vegetarian Times," "Women's Health Magazine" and online for The Huffington Post. She is also a published author, lawyer and certified personal trainer. Nixon has two Bachelors of Arts in classics and communications from the College of Charleston and a Juris Doctor from the New England School of Law.