John receives a special warranty deed for property in Jacksonville. Later, he discovers there was a mortgage on the property from before the grantor owned it. Can John successfully claim breach of covenant against his grantor?
Correct Answer
B) No, because special warranty deeds only warrant against the grantor's acts
B is correct because a special warranty deed only warrants against defects arising during the grantor's period of ownership, not against pre-existing encumbrances. A is incorrect because it confuses special warranty with general warranty deeds. C is incorrect because the covenant of quiet enjoyment in a special warranty deed only protects against claims arising from the grantor's acts. D is incorrect because mortgages can be covered by warranty covenants, but not pre-existing ones in a special warranty deed.
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Maria signs a deed transferring her Tampa property to her daughter but keeps the deed in her safe deposit box, telling no one about it. Maria dies two years later, and her daughter finds the deed. What is the status of this transfer?
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