General Warranty Deed

What is a General Warranty Deed?

• A General Warranty Deed is commonly used to convey real property in most U.S. states. It serves two main purposes:
  

1. Conveyance: It transfers the grantor’s interests and title to a property.

2. Warranty: It provides assurances that if there are defects in the title (such as bankruptcy claims, tax liens, mortgages, or unknown easements), the grantee can hold the grantor liable.
   

• Additional guarantees typically included in a General Warranty Deed:

1. The title has no encumbrances beyond those explicitly stated in the deed.

2. If any title defects emerge later, the grantor agrees to rectify them reasonably.

3. No other party has a superior claim to the property compared to the grantee.

4. The grantor has “seisin” (actual ownership) and the legal right to convey that ownership.

5. If the title is challenged in the future, the grantor will cover the expenses required for defending it.
   

• Notarization Requirement: Yes, in nearly all cases, signatures on a General Warranty Deed must be acknowledged before a Notary Public or another authorized officer. Some states allow proof of execution by a subscribing witness when the principal grantor cannot personally appear before a Notary. Lack of acknowledgment or proof may prevent the deed from being recorded in land records and could invalidate it.