Warranty Deed for Fiduciary California Form
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People also ask
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What is a fiduciary deed?
Fiduciary deeds are just one of several types of deeds used in property transfers. This type is used to transfer property such as real estate when the owner can't sign a deed for legal or other reasons. Fiduciary deeds are commonly employed when settling estates and the original owner of the property is deceased.
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What deed type gives you the most risk of ownership?
Bargain and Sale Deed A bargain and sale deed includes a warranty that the grantor owns the property but doesn't guarantee against claims or liens. It does not protect the grantee against title-related problems that may arise after the transfer. The grantee assumes the risk of any encumbrances or defects in the title.
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Is warranty deed the same as grant deed?
The main difference between a grant deed vs. warranty deed is the level of protection offered. A warranty deed offers a higher level of protection than a grant deed. With a grant deed, the grantor is guaranteeing that they haven't sold the property to anyone else, and that it is clear of any liens or restrictions.
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What is the difference between a grant deed and a warranty deed in California?
The main difference between a grant deed vs. warranty deed is the level of protection offered. A warranty deed offers a higher level of protection than a grant deed. With a grant deed, the grantor is guaranteeing that they haven't sold the property to anyone else, and that it is clear of any liens or restrictions.
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Is a grant deed proof of ownership in California?
The grant deed is used when a person who is on the current deed transfers ownership or adds a new owner. The grantor (donor or seller) promises that all rights to the property are being transferred—there are no hidden owners or easements.
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Which deed is the most common one used to convey property in California?
Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word “grant” is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
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What is the difference between a quitclaim deed and a fiduciary deed?
Quitclaim Deeds provide no warranties at all but can be useful in certain situations. Fiduciary Deeds are used in trust and estate scenarios, recognizing the grantor's fiduciary role.
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Why are warranty deeds rarely used in California?
A warranty deed contains express covenants of title. The special feature of warranty deeds is that the grantor promises to pay for any lawsuits or damages due to undisclosed ownership disputes. In California, this is typically handled by title insurance, so warranty deeds are unneeded and potentially confusing.
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