How to Transfer a Warranty Deed to a New Owner
Different deeds are used to transfer an interest in real estate from one owner to another. A warranty deed is the type of deed commonly used to transfer ownership after a sale of real estate. The laws of all states in the country establish a specific procedure in place to transfer a warranty deed to a new owner. Although there are minor differences in the law from one jurisdiction to another, the basic elements regarding the use of a warranty deed to transfer property essentially is uniform.
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Instructions
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Engage a title insurance company to undertake a title search on the property to be transferred through a warranty deed. As an alternative, an experienced real estate attorney is also able to undertake this task for you. If you are selling real estate and are using a warranty deed for the transfer, you need to ensure that there are no "clouds" on the title--liens or other encumbrances.
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Purchase a title insurance to protect your interests in the event that a lien or encumbrance is found on the title despite a title search by a professional.
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Obtain a warranty deed form. Your local register of deeds office maintains deed forms. Typically, a register of deeds office is located in the county courthouse or county administrative services building.
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Complete the warranty deed form. Included on the deed is the name of the current owner, the name of the new owner and the legal description of the property. The register of deeds has the legal description of the real estate in question.
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Sign the warranty deed in front of a notary public.
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File the warranty deed with the register of deeds.
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Tips & Warnings
Real estate transfers can be complicated in some instances. Therefore, consider engaging the services of a real estate professional to assist you in the process.
Always use a warranty deed when you purchase real estate in an arm's length transaction. Absent a warranty deed you do not have a guarantee that the title to the real estate is free of any liens and encumbrances.
