Maria purchased a home in Denver using a general warranty deed. Three years later, a title company discovers that a previous owner — before Maria's seller ever owned the property — had an unpaid lien that was never properly released. Under Colorado law, which party is responsible for defending Maria's title against this claim?
Correct Answer
C) Maria's seller, because the general warranty deed includes a covenant warranting title against all claims regardless of when they arose
Under a general warranty deed in Colorado, the grantor (Maria's seller) warrants title against all claims — including those that arose before the grantor's period of ownership. This is the defining characteristic that distinguishes a general warranty deed from a special warranty deed. The grantor's covenant of warranty extends back through the entire chain of title, so the seller is obligated to defend and compensate Maria against this pre-existing lien.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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