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Updated 12-6-23. Notary Signing Agents deal with a wide variety of different loan documents during assignments. Some documents require notarization; others have special instructions Signing Agents must follow. In this article, we answer common questions about General Warranty Deeds.
What is a General Warranty Deed?
A General Warranty Deed conveys real property in most U.S. states. A General Warranty Deed not only conveys a grantor’s interests and title to a property, but also warrants that if the title is defective or has a “cloud” over it (such as a bankruptcy, tax lien, mortgage claim, or unknown easement), the grantee may hold the grantor liable.
What else does a General Warranty Deed do?
A General Warranty Deed also typically provides the following guarantees:
- The title has no encumbrances other than those expressly stated in the deed.
- If any title defects are subsequently found, the grantor agrees to correct those defects, within reason.
- No other person or party has a superior claim to the property than the grantee.
- The grantor has “seisin” (a term that means actual ownership of the property) and the legal right to convey that ownership.
- The grantor agrees that if in the future the title is challenged, the grantor will pay the expenses required to defend the title against challenge.
Does a General Warranty Deed require notarization?
Yes. In almost all cases, signatures on a General Warranty Deed require acknowledgment before a Notary Public or other officer authorized to perform acknowledgments. A few states allow a proof of execution by subscribing witness when the principal grantor is unable to personally appear before a Notary. The absence of an acknowledgment or proof may prevent a General Warranty Deed from being recorded in the land records and invalidate the deed.
David Thun is the Assistant Managing Editor at the National Notary Association.
Related Articles:
Notary Signing Agent Document FAQ: Compliance Agreements
Notary Signing Agent Document FAQ: USA PATRIOT Act CIP Forms
Additional Resources:
The Notary Signing Agent’s Loan Documents Sourcebook