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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.

 

9 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.

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