Wht is a “Certificate of Title” and “Special Warranty Deed”?
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Wht is a “Certificate of Title” and “Special Warranty Deed”?
I am interested in purchasing a home and I am doing research before submitting an offer. It has a Certificate Of Title stating The Bank vs Mary Jane (orig owner); John Doe; Jane Doe as unknown tenant(s) in possession of subject property. It also has a Special Warranty Deed. What does the Certificate Of Title mean and what is a Special Warranty Deed?
Asked on July 19, 2012 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First, a special warranty deed is the best title that one can receive when he or she buys real property from the seller. In essence, the special warranty deeds gives the buyer full title to the property being purchased to the exclusion of anyone else. Such title would include mineral and water rights.
The certificate of title is simply a document showing in whose name the real property is in separate and apart from a special warranty deed or a quit claim deed.
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