SeattlebyDesign is dedicated to successful outcomes, which often starts with educating our clients. Today we’re going to dive into the topic of deeds! Real estate transactions use a variety of deed types to convey title and this blog post identifies the eight most commonly used in WA State. The differences between them are primarily the covenants and warranties conveyed by the grantor—the individual or entity transferring the property—to the grantee, the individual or entity who is receiving it.
We hope you find this information helpful and, as always, we welcome any feedback, questions, or comments. We’d love to hear from you!
|Common Deed Names||Conveyance Words: Grantor…||Warranty of Title Promises|
|Warranty Deed*LPB 10-05Warranty Fulfillment Deed[after Real Estate Contract]*LPB 10-05Statutory Form: RCW 64.04.030||warrants/conveys||1) The Grantor owns a fee simple estate without limitations that could result in losing that ownership. 2) The Grantor has good right and full power to convey land; 3) The land is free from all encumbrances that existed before the Grantor acquired that land; 4) The land is free from all encumbrances created since this Grantor acquired that land; 5) The Grantor warrants to the grantee and to heirs and assigns the quiet and peaceable possession of such premises, and 6) The Grantor will defend the title to the land against all persons who may lawfully claim same.|
|Bargain and Sale Deed*LPB 15-05 (2009)Statutory Form: RCW 64.04.040||bargains/sells||1) The Grantor owns a fee simple estate without limitations that could result in losing that ownership,2) free from encumbrances, done or suffered from the Grantor, except the rents and services that may be reserved, and3) also for quiet enjoyment against the Grantor, his heirs and assigns, unless limited by express words contained in such deed.|
|Quitclaim Deed*LPB 12-05 (2006)Statutory Form: RCW 64.04.050||quitclaims||The statute states that there are no warranties of any type.|
|Special Warranty Deed*LPB 16-09NOT a statutory form / NOT provided by WA Statues||grants/confirms/conveys||No warranty is provided by statute. The warranty language should be stated on the deed. Traditionally most parties state the following warranties: 1) free from encumbrances, done or suffered by the Grantor and 2) quiet enjoyment against the Grantor, his heirs and assigns|
|Trustee Deed[Deed of Trust foreclosure]NOT a statutory form / NOT provided by WA Statues||conveys||RCW 61.24.040 states that there is no warranty of title: “The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances.” The Trustee is not liable to the purchaser, even if the sale was not done properly. Also see RCW 61.24.050 “Interest Conveyed by Trustee Deed” stating that the deed only conveys such title the Grantor owned at the date the Deed of Trust was signed, if any.|
|Sheriff’s Deed or Marshall’s DeedNOT a statutory form / NOT provided by WA Statues||conveys||When the property is foreclosed by a court order [Judicial Foreclosure] and when property is sold in execution of a money judgement, the purchaser at the sale does not receive a deed at that time. After applicable redemption periods expire, then the state Sheriffs or Federal Marshalls give a deed to the person holding the Certificate of Sale. There is no statute that requires a particular form. There is no warranty that the sale was valid and there is no warranty that ownership is free of any liens.|
|Executor, Personal Representative, Receiver, or Guardian Deed
NOT a statutory form / NOT provided by WA Statues
|conveys||There is no statute that requires a particular form, so these forms are prepared by lawyers and the forms do vary. Usually there is no warranty of any type. The warranty language, if any, is limited and must be stated on the deed.|
|Transfer on Death Deed||Conveys, effective on my deathTransfers, effective on my death||The statute states that property is transferred without covenant or warranty of title even if the deed contains a contrary provision.|