A warranty deed is a legal document that transfers the title of real estate from the grantor, or seller, to the buyer, or grantee. A Florida warranty deed offers protection to the buyer with a guarantee from the seller that the title to the property legally belongs to them and that there are no outstanding liens, mortgages, or other encumbrances against it. The seller is also declaring that they have the legal right to confer ownership of the property to someone new.
Warranty deeds are typically used when the property is being transferred between two unrelated parties and when a sale is taking place. In particular, if the buyer is borrowing money from a mortgage lender, the lender will demand a Florida warranty deed with guarantees in place (as opposed to the simpler quitclaim deed, which is more commonly used for transfers of property among family members). Most lenders will also require title insurance that names them as the beneficiary.
A warranty deed guarantees the grantee, or buyer, that:
The grantor is the property’s lawful owner, and they have the legal right to sell it
The title would hold up against any third-party claims of ownership
The title is clear of any liens, mortgage, or other encumbrances.
Published: Dec 8, 2023
Updated: Dec 8, 2023
Our talented and experienced attorneys and team members come from diverse backgrounds, but we share a common belief in doing right by those that entrust us with their legal matters. At Easler Law, we bring real-world experience to the table, we will critically think for you, we will do the work right, and we will never make excuses.
PublicationsDon’t Say a Little Prayer: Estate Planning Lessons from Aretha Franklin's Probate Trial