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Jeff Otto
Jeff Otto is Branch Manager of Lawyers Title Insurance Corporation which is a member of LandAmerica Financial Group, Inc., a premier national provider of title insurance and settlement services. Lawyers Title has been in the local marketplace since 1955. Jeff has been with Lawyers Title for 34 years, the last 24 right here in Wichita. You may contact Jeff at (316) 682-9600 x 201 or by e-mail at jotto@landam.com
Real Estate
2003-12-01 08:41:00
Different kinds of deeds
: I am confused by all of the different kinds of deeds... quitclaim, grant, warranty, etc. Does it matter which kind of a deed one uses?
ANSWER: There are different types of deeds. Which deed to use depends on who is issuing the deed and why it is being given. In this part of the country, the first deed from the U S government to the first landowner is called a "Patent" or sometimes a "Grant." Subsequent transfers from one owner to the next are usually by way of "Warranty" deeds. These contain language whereby the seller warrants to the buyer that the title to the property is good and free and clear of any defects or liens other than those items that might be excepted from warranty as listed in the warranty deed. If a title problem arises after the sale to the buyer, the seller must take whatever action is necessary to clear the title. A quit claim deed is used when the seller does not wish to warrant the title to the buyer. It is also used to clear some title problems. As an example: A title search for a pending sale might show that I inherited an interest in the property from an earlier owner whose interest was not properly conveyed. I may not even know about this interest being in my name. A conveyance from me to the buyer is needed. Since I do not know the history of the ownership of the land, I would only give a quit-claim deed as I would not want to "warrant" or" guarantee" the title.
 
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