MortgagesLetter G

General Warranty Deed vs. Quitclaim Deed

The legal real estate conveyance instruments used to transfer property ownership, distinguished by whether the seller guarantees clear title (Warranty Deed) or transfers title "as-is" with zero warranties (Quitclaim Deed).

Overview & Practical Application

A Deed is the formal legal document signed and recorded in county land records to transfer ownership title of real estate from a Grantor (Seller) to a Grantee (Buyer). The type of deed used determines the level of legal protection and warranty granted to the buyer:

1. General Warranty Deed (Highest Buyer Protection): Used in almost all traditional residential home sales. The Grantor legally warrants and defends that the property title is free and clear of undisclosed liens or defects across the entire history of the property (even defects originating before the Grantor owned it). 2. Special (Limited) Warranty Deed: Common in commercial real estate, builder sales, and bank REO foreclosures. The Grantor only warrants that no title defects occurred during the specific period the Grantor held title. 3. Quitclaim Deed (Zero Warranties): Transfers only whatever interest the Grantor *may* currently possess ("as-is"), with zero guarantee that the title is clean or that the Grantor even owns the property. Quitclaim deeds are used strictly between trusted parties — such as adding/removing a spouse after marriage or divorce, transferring a rental property into your own LLC, or clearing a minor cloud on title.

Real-World Underwriting Example

Scenario: A real estate investor buys a rental property in their personal name using a General Warranty Deed, and later transfers the property into their wholly-owned Wyoming LLC.

Calculation:
Warning: Using a Quitclaim Deed to transfer to an LLC can void a standard Owner’s Title Insurance policy if the policy only covers transfers by operation of law or warranty.

Takeaway: Real estate attorneys frequently recommend using a Special/General Warranty Deed (or obtaining a Title Policy Endorsement) when transferring property into an LLC to preserve continuous title insurance coverage.

Key Underwriting Takeaways

  • Never accept a Quitclaim Deed in an arm’s-length purchase from an unrelated seller.
  • Crucial Distinction: Signing a Quitclaim Deed removes a person from the **Property Title (ownership)**, but does NOT remove them from the **Mortgage Promissory Note (debt obligation)**. Only a refinance or formal lender assumption releases a co-borrower from the debt.
  • Always verify that transferring title into an LLC does not trigger a "Due-on-Sale Clause" or void your Owner’s Title Insurance.

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