Types of Deeds in Ohio
May 22nd, 2014 by admin
Buyers in a real estate transaction are faced with a Contract to Purchase that recites the type of deed the seller will be giving. How does a buyer respond? The following are types of deeds given in Ohio: General Warranty Deed- warrants title against all claims that arose prior to the date of the deed; Special Warranty Deed or Limited Warranty Deed- warrants title against all claims that arose from the date the seller took title to the date the seller conveys title; Quit Claim Deed- has no warranties and only conveys the seller’s interest, if any.
If a seller has given you a General Warranty Deed and thereafter you have a title problem, what can you do? You probably will end up filing a lawsuit against the seller. Most likely, you will need to have an attorney to bring the action. Depending on the type of claim against the seller, you may not have attorney’s fees granted to you in a judgment against the seller. Once you get the judgment, you will have to take action to collect on the judgment. If the seller has moved to another state this may be difficult and may require the hiring of an attorney in that state.
If the seller has given you a Limited Warranty Deed or a Special Warranty Deed and thereafter you have a title problem and the problem arose prior to the date the seller obtained title, you may have no recourse against the seller. If the seller has given you a Limited Warranty Deed or a Special Warranty Deed and the problem arose during the time the seller owned the property, you would have to go through the same litigation procedure you would if you were making a claim under a General Warranty Deed.
What is my option? An Owner’s Policy of Title Insurance. An Owner’s Policy of Title Insurance insures you against loss due to covered claims during the term that you own the property described in the policy. You may remain covered by the Owner’s Policy of Title Insurance, under certain circumstances, even after you have sold the property. There are only a few matters that are excluded from coverage; for instance, matters known to you as the insured and not disclosed to the title company; matters of survey if you do not have a survey; matters that occur after you have taken title. The title insurance company pays for your loss under an insured claim. And, a big benefit, in the event of a claim, the title insurance company pays your attorney’s fees to defend the claim.
