When selling a property, has anyone had any experience with getting a title company to convey the deed via Special Warranty Deed?
I know @retipsterseth generally recommended closing with a SWD, when possible, to avoid potential complicated title issues down the road, though this mainly relates to what covenants you choose to list on the deed.
My understanding is this mainly relates to in-house sales, as whenever we’ve mentioned we close via SWD to buyers, and subsequently title co’s, that point gets ignored and we inevitably close with WD.
We haven’t really pushed back on this, because if the title company is doing their job right, there shouldn’t be any danger in using a WD to close.
But just wanted to bring this up in case we’re missing something here, and if anyone has had any strategies to get title co’s to close via SWD.
Hi @chrisduff - are you buying this property or selling the property?
When you’re the buyer, you want to get a warranty deed, no matter what. This means the seller is promising that the title is clear, dating back to the beginning of time.
When you’re the seller, and if you’re closing through a title company, yes - you’ll be required to use a warranty deed as well (because this is what every title insurance policy requires, they don’t leave any room for lingering title issues).
However, if you’re closing it yourself, it’ll leave less liability for you if you can use a special warranty deed, because you’re not promising that the title is clear back to the beginning of time… but only during the time when you owed it.
Disclaimer: I’m not an attorney. None of this is legal advice.