A Maryland licensee is explaining deed types to a first-time buyer purchasing a home in Calvert County. The buyer asks what the difference is between a trustee's deed issued in a foreclosure sale and a sheriff's deed issued in a judicial sale. Which of the following statements most accurately describes the key similarity between these two types of deeds under Maryland law?
Correct Answer
D) Both deeds convey the debtor's interest with no warranty covenants, exposing the buyer to title risks from the prior chain of title
Both trustee's deeds (issued in non-judicial deed of trust foreclosures, which are the most common type in Maryland) and sheriff's deeds (issued in judicial foreclosure or execution sales) convey only the interest held by the debtor or judgment debtor at the time of sale, with no warranty covenants. Neither the trustee nor the sheriff makes any representations about the quality of title. This means the buyer in either type of sale takes the property subject to any title defects, liens, or encumbrances that may exist, which is why title insurance is strongly recommended for foreclosure purchases in Maryland.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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