Frequently Asked Questions Regarding General Warranty Deed in Chicago
Writing a Deed is Complicated, Requiring an Experienced Attorney2 min read
Writing a deed is a complicated endeavor that requires an attorney experienced in the laws governing real estate in a particular state, as well as any federal and local regulations that may apply. A general warranty deed provides a property owner with protection by transferring the title with a guarantee that the transferor is lawfully in possession of the title. A Chicago resident seeking legal counsel that is well-versed in local regulations and requirements may find it beneficial to understand some basic questions and answers about general warranty deeds.
What is a General Warranty Deed?
A general warranty deed is a document that conveys a property title from one party to another. This type of deed provides the recipient of the property with a warranty guaranteeing that there will be no later-appearing claims that invalidate the title, as well as providing a guarantee of equal rights to use and dispose of the property as desired. This type of deed also explicitly outlines the rights and duties of the parties, such as the right to seek action against the transferor in the event that the title proves defective.
Who Is Involved in a General Warranty Deed?
A general warranty deed requires the signature of the transferor, which is the individual or legal entity that is conveying the property. Depending on the state, the document may need to be signed by two or more witnesses; a lawyer is not necessary in certain states unless the document requires it. The recipient of the property, referred to as the grantee, must also sign the deed in order to formalize the agreement.
What Does a General Warranty Deed Include?
A general warranty deed includes the names and mailing addresses of the grantor and the grantee, the consideration that has been exchanged for the property, a description of the property being conveyed, a description of any applicable warranties being made, a statement indicating that the grantor is legally allowed to transfer the property, a statement of any conditions, restrictions or rights of survivorship that are applicable to the deed, and the signatures of all the parties involved.
What Does a General Warranty Deed Not Include?
A general warranty deed typically does not have language that releases any claims or obligations of the grantor. This means that all claims and obligations in relation to the property remain with the transferor, meaning the grantor is still liable in the event that the title proves defective and may be held responsible in the event of any violations related to the property.
Are There Any Other Local Regulations That Need to Be Taken Into Consideration When Writing a General Warranty Deed?
In Chicago, there are several additional requirements that need to be taken into account when creating a general warranty deed. For instance, a deed must be recorded with the Cook County Recorder’s Office in order for it to be a valid document. Additionally, a general warranty deed should include notarization in order to provide additional protection in the event that the deed needs to be enforced.
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