GRANT DEED: Definition and How It Works (Updated!!)

A grant deed is a type of legal documentation use to transfer ownership of real estate. Moreover, it is an official record indicating that a title has not already been bestowed to someone else. This article will go through what grant deed is, as well as grant deed forms California with the Grant Trust Vs Grant Deed. 

What Is a Grant Deed?

Grant deeds are a legal instrument that offers its bearer particular rights to an asset. If they meet certain criteria. They are most typically use between two parties to transfer ownership of autos or land. Meanwhile, a  deed’s goal is to transfer title, which is a legal document showing ownership of the asset or property, to another individual.

Grant deeds are one type of written evidence that an individual owns an asset that also gives title assurances to the new owner. That is, insurance that the asset title is free of claims or liens and that the new owner has the license to transfer or sell the property to another. However, these types of deeds do not always need to be notarize, though it is normally in the grantee’s best interests to do so.

California Grant Deed

California law allows three various kinds of deeds to be use to communicate title to real estate. Grant deeds are intermediate deeds since it contains more title guarantees than a quitclaim deeds but very few guarantees than warranty deeds. Meanwhile, the grant deeds are also special warranty deeds.

#1. Deed’s Function: California grant deed

The primary aim of grant deeds, like a quitclaim or warranty deed, is to convey the title of the property from one individual to another, such as from a seller to a buyer. Moreover,  grant deeds is written proof that you own your land. Furthermore, the grant deed assures the new owner’s title.

#2. Language of Form: California grant deed

Grant deeds must have certain fundamental information to be legally effective. Such as the name of the new owner, the signature of the party transferring title, and a legal statement of the property transferred by the deed. In addition, the person transferring the title is the grantor, and the new owner is the grantee.

Grant deeds in California are file with the county assessor’s office together with a Preliminary Change of Ownership Request, relevant fees, and a Tax Affidavit. All legal transfers and recordings must be notarized.

#3. Ownership Guarantee: California grant deed

The grant deed contains a substantial title guarantee. Essentially, the grantor assures the grantee under the grant document that she has not conveyed her ownership to anyone else before. Hence, if the new owner later learns that the grantor sold the title to a third party two weeks before the grantor supplied the grant document. Then the new owner can sue the grantor under this title guarantee to reclaim the cost of the property.

#4. Exceptions to the Clear Title Rule: California grant deed

Exceptions to the title guarantee can include in grant deeds. An easement operating across the property, for instance, may be mentioned in the grant deeds. Moreover, the title guarantee does not cover any exceptions specified in the grant deeds, thus the new owner receives title subject to such exceptions.

#5. Expert Perspective: California grant deed

Grant deeds are preferable to a quitclaim deed because when a grantor gives a quitclaim deed. Then there is no guarantee that the grantor did not assign the title to someone else an hour earlier. The grant deeds, therefore, are not as good as a warranty deed since warranty deeds assures that the grantor genuinely has a good, marketable title to the land. But the grant deeds just promise that the grantor has not personally done anything to affect the title of the property. However, since the majority of property owners obtain title insurance, the importance of utilizing one type of deed over another has been reduced. Regardless of whether they have a warranty or grant deedS from the grantor, most owners will suit under the title insurance policy.

Trust Deed Vs Grant Deed

Grant DeedS transfers title ownership of real property from the current owner to the new owner. A deed can also be use to transfer a co-owner’s interest in real estate to another existing co-owner. Hence, when a person or entity purchases real estate, a Grant Deed is recorded naming them as the new owner.

Grant deeds must include: Trust deed Vs Grant deed

• The grantor’s signature, which must be accompanied by a California all-purpose acknowledgment.
• An acknowledgment certificate endorsed on the deed
• Grant deeds must be accompanied by a completed Preliminary Change of Ownership Report when they are submitted for recording.

Trust Deed Vs Grant Deed

A Deed of Trust, on the other hand, reflects loans secured by real property. In this regard, a Deed of Trust addresses lien hold interests in real property rather than “title” to the property. A Deed of Trust is use to secure the repayment of a debt owed by a bank lien holder (lender) to the actual titleholder/owner of the property.

Based on the date of recording, the recorded deed of trust takes precedence over other recorded deeds of trust on the same property. A deed of trust recorded on January 1, 2017, would, for example, take precedence over a later deed of trust recorded on March 3, 2017. When a bank lends money to a buyer in order for the buyer to purchase a home, the homeowner signs a deed of trust. This Trust Deed is then recorded on the property to memorialize and secure the loan.

Grant Deed Forms: Is the Grant Deed accompanied by other forms?

The law governing grant deeds varies by state. If you live in California, you should be aware of the rules for drafting a deed. To be valid, grant deed forms must include the following elements:

• The granting clause is the clause that transfers ownership.
• The property that is being transferred is described in detail.
• Statement of execution, delivery, and acceptance They must be signed by a grantor who is experienced in dealing with such issues.

When do the Grant Deed Forms have to be signed?

There is no set deadline for completing the grant deeds. It depends on when they sell the property.

How Do I Complete Grant Deed Forms?

The grant deeds are simple to complete. It necessitates the following details:

Transfer Tax on Documents

The city tax

Signatures of the grantor and the notary public

Where Should I Send My Grant Deed?

Create two forms of the deed and mail one to the property buyer. Keep a copy of the grant deeds for your documents.

Grant Deeds and How They Work

A deed’s goal is to provide legal protection to real estate buyers (known as grantees). Moreover, grant deeds are most typically utilize when a grantee purchases real estate in a tax or foreclosure sale.

Because grant deeds do not provide as much protection as other forms of deeds, they are perfect for this situation. Hence,  Grantees benefit by purchasing property at a discount from market value. while grantors take on less risk by giving fewer guarantees. Grant deeds are preferable above quitclaim deeds but less so than general warranty deeds.

Here’s a basic rundown of what grant deeds entails:

Firstly, the sale date, Secondly, grantor and grantee names, Thirdly, description of the property.

Then, the grantor’s signature and acknowledgment by a Notary Public. Finally, Statements of warranty

What Distinguishes a Deed From a Grant Deed in California?

The same purpose is accomplished by transferring real estate ownership using both kinds of legal documents. 

Which Kind of Deed Provides the Grantee With the Greatest Protection?

The grantee is protected to the greatest extent by general warranty deeds, to a lesser extent by special warranty deeds, and to the least extent possible by quitclaim deeds.

Where Can I Obtain a Grant Document in California?

The Registrar-Recorder/County Clerk of Los Angeles County is where you can get a copy of your grant deed. No help from a third party is required. After the Grant Deed is recorded, the County Registrar-Recorder mails the original copy to the property owner. So, you ought to already be in possession of your original Grant Deed.

Are Grant Deeds Equivalent to Mortgages?

The “seller” (grantor) continues to be the owner of the property, subject to the security interest issued to the “buyer” (grantee), who is really just a secured lender because a grant document used to secure a debt acts as a mortgage.

Conclusion

A grant deed is a type of legal documentation that is used to transfer ownership of real estate. Moreover, it is an official record indicating that a title has not already been bestowed to someone else.

Grant Deed FAQ’s

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5. WHAT IS A GRANT: Best 2022 Guide and US Practices