Transfer of Title: What You Need to Know
Transfer of Title covers the legal process of transferring property ownership from one party to another. This topic includes deeds, the recording system, title searches, title insurance, and the closing process — all essential knowledge for facilitating real estate transactions.
Understand the hierarchy of deeds based on the level of protection they provide: General Warranty Deed offers the most protection with five covenants (seisin, quiet enjoyment, against encumbrances, further assurance, warranty forever), Special Warranty Deed warrants only against defects during the grantor's period of ownership, Bargain and Sale Deed implies ownership but provides no warranties, and Quitclaim Deed transfers whatever interest the grantor has with no warranties at all.
For a deed to be valid, it must have a competent grantor, identifiable grantee, words of conveyance (granting clause), adequate legal description, and be signed by the grantor. Delivery and acceptance are required to complete the transfer. Recording is not required for validity between the parties but protects against subsequent claims. Title insurance protects against undiscovered defects — lender's policies protect the lender while owner's policies protect the buyer.