Escrow Thursday: Forms of Deeds in Washington State

Forms of Deeds in Washington State.

There are several types of deeds that can be used for real estate in the State of Washington. The difference in the deeds are the types of warranties provided.

A Warranty Deed warrants to the buyer that the land is free and clear of all liens and encumbrances, except the liens and encumbrances noted on the deed. This is the standard deed form in Washington.

A Bargain and Sale Deed warrants to the buyer that the land is free and clear of liens and encumbrances created by the seller only, except liens and encumbrances noted on the deed. There are no warranties protecting the buyer from liens and encumbrances created by others. A Bargain and Sale Deed is commonly used; when a bank conveys title after foreclosure, a personal representative conveys title from a decedent’s estate, or a trustee conveys title through a trust.

A Special Warranty Deed though not a statutory form, contains the same language as a Bargain and Sale Deed. A Special Warranty Deed, when prepared by and Escrow Limited Practice Officer, warrants that the land is free and clear of liens and encumbrances created by the seller only.

A Quitclaim Deed contains no warranties. A Quickclaim Deed is commonly used to clear title or to create separate property.

Talk to your lawyer and have them advise you as to what form of deed is best for your purchase of a home.

 

 

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