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Notary Bulletin

Notary Signing Agent Document FAQ: General Warranty Deeds


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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 is a type of deed that is used to convey real property in most U.S. states. A General Warranty Deed not only conveys all the grantors’ 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 to 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. 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.

 

13 Comments

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Angela Moore

25 Jan 2021

Do you have a attach a certificate to a Warranty Deed?

National Notary Association

02 Feb 2021

Hello. Yes, if there no Notary wording on the document, or if the Notary wording is insufficient for your state.

Beatrice O Ferrell

25 Jan 2021

NNA1D#16006

Proforma Notary

26 Jan 2021

this article is very timely since a General Warranty Deed is included in my upcoming signing for the first time. I was able to glean the purpose of it from thoroughly reading the form. I was initially confused on why a packet had 2 Deeds. You truly never stop learning in this business.

JULIETA Jones

27 Jan 2021

thank you for the information

Julio montes

28 Jan 2021

I need report at fraudelen paperwork notary were I do

Holly Miklasz

28 Jan 2021

Please let me understand why you keep sending me information about testing for renewal, when I have already gone to the class and passed the test. Please tell me why you are e-mailing me to let me know that my E&O insurance is expiring, when I signed up for this and paid for this before taking the test? When will I get all of my information from the Sec. of State. My commission is up on 03/17/2021. Thank you.

National Notary Association

29 Jan 2021

Hi Holly. We apologize for any inconvenience or confusion. We've forwarded your concerns and question to our Customer Care team and asked a representative to contact you to help you with your issues.

Vandana

03 Feb 2021

Thanks for the information.

Denise

15 Apr 2021

In the State of Indiana, signing agents have to have a Title Producer License to conduct a closing. I have received calls from my advertising pages to have a Warranty Deed signed. My question is, for notaries who do not have a Title Producer License notarize a Warranty Deed/Quit Claim Deed (or other Deed) in Indiana? Sometimes I receive random calls from the public to do these documents. Some even say that Title Co. tells them to find a notary to do these documents.

National Notary Association

19 May 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

msexton207@yahoo.com

13 Jul 2021

i am considering taking this course. If a grantor has a general warranty deed and conveys it to another person he, the grantor) is responsible for any claims made against the property. Did I miss understand? Does this take place of title insurance?

National Notary Association

21 Jul 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

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