Tiffany Cloud's Arizona Blog

musings from 35 yr AZ resident and Realtor®

‘Special Warranty Deed’ When Purchasing Foreclosed Home in Arizona

When conveying title on a resale home in Arizona the seller will usually convey title with a ‘general warranty deed‘; an exception to this is when that resale home happens to be a foreclosed home.  When purchasing a foreclosed home in Arizona, the seller (bank) will offer you a ‘Special Warranty Deed’ instead of a ‘General Warranty Deed’.  So what is the difference and how does it effect the purchaser/buyer?  Tiffany Malcom, branch manager at Grand Canyon Title in Gilbert, AZ explains what you need to know about a General vs Special Warranty Deed.

grand canyon title

A general warranty deed is a promise to the buyer that the seller will warranty any prior problems with title, not just during the seller’s ownership, but back along the chain of ownership.

A special warranty deed, on the other hand, limits the seller’s promise (or warranty) to title problems that come up while the seller owned the property, but gives no warranty for problems prior to that point. They only owned the property long enough to build the homes so they aren’t willing to warrant buyers against something that happened to cloud title before they may have owned the land. Foreclosure property is another example where you often see special warranty deeds. The bank, like the builder, has no close relationship to the property and won’t bend over backwards to promise anything about the condition of title before they acquired the property through foreclosure.

These days, title insurance is the buyer’s best friend. Title insurance insures the buyer against past ownership problems, old liens, boundary issues, and so on. There may be exceptions in the title insurance policy, and owners should know what their exceptions are. For example, without a survey, a title company won’t insure against problems that a survey would have made known — encroachments, for example. That’s an exception and they won’t pay for problems that would have shown up with a survey. But unless there’s a specific exception, any other past title problems are covered.

For any other questions you might have on Title Insurance or Escrow procedures feel free to contact Tiffany Malcom @(480) 831-6066.

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April 3, 2009 Posted by | Arizona, Arizona Housing Market | , , , , , , , , , | 1 Comment