Is a warranty deed the same as a quitclaim?

No. A Warranty Deed includes express covenants that the grantor holds and will defend title. A Quitclaim conveys whatever interest the grantor has without warranties and offers no protection against prior defects.

Can a Warranty Deed be signed electronically?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA in adopting states; however, notarization and local recording requirements must be satisfied—some recorders accept RON while others require in-person acknowledgement.

What if the recorder rejects the deed?

Common causes include an incorrect legal description, missing notary acknowledgement, or improperly executed signatures. Prepare a corrective deed or affidavit and consult the recorder or counsel to refile.

Who must sign the Warranty Deed?

The grantor(s) must sign. If an entity is grantor, an authorized officer should sign and provide capacity evidence. Witness requirements, if any, depend on the state.

When should the deed be recorded?

Record promptly after execution to protect priority and put third parties on notice; delays can expose the grantee to intervening claims or liens.

How are title defects handled after transfer?

If a covered defect arises, the grantee may seek defense or indemnity under the warranty covenants and may file a claim with title insurance if a policy was issued at closing.

Warranty Deed

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TRUSTEE'S DEED
by Business Entity Trustee to Joint Tenants

(Top 3 inches reserved for recording data)

Minnesota Uniform Conveyancing Blanks

Form 10.4.4 (2011)

DEED TAX DUE: $ DATE: (month/day/year)

FOR VALUABLE CONSIDERATION,

a under the laws of

as Trustee of

("Grantor"), hereby conveys and quitclaims to

("Grantee"), as joint tenants, real property in County, Minnesota, legally described as follows:

Check here if all or part of the described real property is Registered (Torrens)

together with all hereditaments and appurtenances belonging thereto.

Check applicable box:

The Seller certifies that the Seller does not know of any wells on
the described real property.

A well disclosure certificate accompanies this document or has
been electronically filed. (If electronically filed, insert WDC
number: )

I am familiar with the property described in this instrument and
I certify that the status and number of wells on the described
real property have not changed since the last previously filed
well disclosure certificate.

Grantor

By:

Its:

By:

Its:

Page 1 of 2

Page 2 of 2

Minnesota Uniform Conveyancing Blanks Form 10.4.4

State of Minnesota, County of

This instrument was acknowledged before me on (month/day/year) by

as

and by

as of

as Trustee of

(Stamp)

Title (and Rank):

My commission expires: (month/day/year)

THIS INSTRUMENT WAS DRAFTED BY:

TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:

What a Warranty Deed Is and how it functions

A Warranty Deed is a recorded real estate conveyance in which the grantor guarantees clear title to the grantee and promises to defend against claims. It typically includes present and future covenants of title—such as seisin, right to convey, and covenant against encumbrances—and a legal description of the property. In the United States, warranty deeds are used to transfer ownership with the highest seller-side assurances; recording the deed in the county land records creates public notice and starts the chain of title.

Why parties rely on a Warranty Deed

A Warranty Deed provides the buyer the strongest contractual assurances that title is good and marketable, reducing future litigation and clarifying insurer obligations. It simplifies downstream title searches and supports insurability while preserving remedies if prior defects surface.

Typical users and roles for a Warranty Deed

These parties commonly prepare, sign, review, or receive warranty deeds during property transfers.

Buyers and sellers — Individuals or entities completing the transfer and relying on title warranties.
Title companies and escrow agents — Prepare closing packages, verify title, and coordinate recording.
Attorneys and settlement agents — Draft deed language, confirm legal descriptions, and handle disputes.

Each role has distinct responsibilities: buyers verify warranties and recording, sellers provide accurate disclosures, and title professionals confirm chain-of-title continuity.

Core parts of a professional Warranty Deed

A well-drafted Warranty Deed contains standardized clauses that create and preserve the grantor’s title warranties, identify parties, and enable recording.

Granting clause

States the grantor conveys the property to the grantee and uses clear operative language such as 'grant, bargain, and convey'. It initiates the transfer of interest.

Habendum

Defines the estate granted (for example, fee simple) and any conditions or limitations on use or duration of ownership.

Warranty covenants

Contains present and future promises: seisin, right to convey, covenant against encumbrances, quiet enjoyment, and further assurances to protect the grantee.

Legal description

Precise metes-and-bounds or recorded parcel description that uniquely identifies the property for title search and recording purposes.

Consideration

Recites the money or value exchanged; a nominal amount is common but specific consideration can affect tax and transfer-recording interpretations.

Acknowledgment and recording block

Notary acknowledgement and county recorder spaces for date, recording information, and stamps that complete the public record entry.

Essential information to include

Parties’ names: Exact legal names

Property description: Full recorded description

Consideration: Dollar amount or statement

Execution date: MM/DD/YYYY format

Signatures: Grantor signature(s)

Notary block: Acknowledgement for recording

Step-by-step: preparing and recording a Warranty Deed

Follow these core steps to prepare, execute, and record a warranty deed so title transfers cleanly and the public record reflects the change.

01

Assemble details: Gather legal names, legal description, and consideration.
02

Draft deed: Use standard granting and warranty language tailored to the jurisdiction.
03

Sign and notarize: Have grantor sign before a notary or comply with state RON rules.
04

Record with county: Submit to the county recorder and pay required fees to create public notice.

How to configure an online deed workflow

Set up a simple e-signing and recording workflow that preserves evidence of execution and integrates notary or recording steps.

Field	Configuration
Grantor signature	Required signature field with date
Notary block	Separate acknowledgement and notarization fields
Legal description	Read-only text field to prevent edits
Record metadata	Fields for recording county and instrument number

Where a completed Warranty Deed goes next

After execution, a warranty deed follows a short process from signers to the county land records to finalize ownership transfer.

Signer review: Parties confirm details and sign the deed.
Notarization: Notary acknowledges signatures or a RON process is completed.
Record submission: Deed is submitted to the county recorder with fees.
Indexing: Recorder indexes the instrument and issues an instrument number.

Digital signing and e-submission considerations

Electronic workflows must preserve signer intent, attribution, and a reliable audit trail while supporting notarization requirements.

File formats: PDF and DOCX supported
Authentication: Email, SMS, or advanced methods
Integration: Connects with cloud storage and escrow

Ensure the chosen platform supports the state’s notary rules and provides tamper-evident signed copies plus a comprehensive audit trail for recording and title purposes.

Key timing and processing expectations

Timing affects priorities and legal protections; plan signings and recording to align with closing schedules and tax reporting needs.

Closing date:

Date parties agree to transfer ownership

Recording timeline:

Record promptly after execution to protect priorities

Tax reporting:

Transfers may affect tax-year reporting and basis

Title insurance issuance:

Title insurer confirms coverage after recording

Document retention:

Retain originals according to statutory guidance

Common preparation errors to avoid

Inaccurate legal description that does not match county records, which can delay recording or require corrective instruments.
Omitting notarization or using an improper notary process for the state, resulting in rejection by the recorder.
Name mismatches between grantor/grantee and government ID, which can invalidate acknowledgments or prompt title objections.
Failing to record promptly, which may expose the grantee to competing claims or priority disputes.

Potential consequences of errors with a Warranty Deed

Recording delay: Risk of lost priority

Tax exposure: Transfer tax or reporting issues

Voidable conveyance: Fraudulent defects may void transfer

Boundary disputes: Litigation over metes and bounds

Title claim denial: Insurance refusal from inaccurate facts

Penalties: State/local fines or surcharge

Frequently asked questions about Warranty Deeds

Answers to common questions about execution, recording, electronic signatures, and curing errors when dealing with warranty deeds.

Need help? Contact support

Is a warranty deed the same as a quitclaim?
No. A Warranty Deed includes express covenants that the grantor holds and will defend title. A Quitclaim conveys whatever interest the grantor has without warranties and offers no protection against prior defects.
Can a Warranty Deed be signed electronically?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA in adopting states; however, notarization and local recording requirements must be satisfied—some recorders accept RON while others require in-person acknowledgement.
What if the recorder rejects the deed?
Common causes include an incorrect legal description, missing notary acknowledgement, or improperly executed signatures. Prepare a corrective deed or affidavit and consult the recorder or counsel to refile.
Who must sign the Warranty Deed?
The grantor(s) must sign. If an entity is grantor, an authorized officer should sign and provide capacity evidence. Witness requirements, if any, depend on the state.
When should the deed be recorded?
Record promptly after execution to protect priority and put third parties on notice; delays can expose the grantee to intervening claims or liens.
How are title defects handled after transfer?
If a covered defect arises, the grantee may seek defense or indemnity under the warranty covenants and may file a claim with title insurance if a policy was issued at closing.

Comparison: common eSignature vendor criteria for executing deeds

Basic vendor differences relevant to deed workflows, with signNow presented first. Check vendor terms and state notarization support when selecting a provider.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

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