Posted by Malou Tinoso on 1/10/06 10:04pm
Msg #87496

WARRANTY DEED

My boss is selling his property at Arizona, one of the documents I need to notarize is called "Warranty Deed", does he need to give me his thumbprint?

Reply by Brad_CA on 1/10/06 10:20pm
Msg #87501

The Notary must require a right thumbprint (left if right is unavailable) if the document is a:

1. Grant Deed

2. Quitclaim Deed

3. Deed of Trust affecting real property.

However, nothing says that you can not get a thumbprint anyway. I get a thumbprint from everyone. That way, if there is ever a question of identity, ther is always the thumbprint.
Helps prevent fraud.

Reply by Bob_Chicago on 1/10/06 10:56pm
Msg #87507

Warranty Deed/ Grant Deed

Not familiar with CA of AZ thumbprint reqmts, but I believe that
a Warranty Deed IS as type of Grant Deed

Reply by Joan Bergstrom on 1/11/06 12:31am
Msg #87511

Re: Warranty Deed/ Grant Deed

Bob
I agree.
As I understand a Warranty Deed is very close to what we call a Grant Deed in Calif.

Calif calls Mortgages: Deeds of Trust but these two documents are also pretty similar.

Perhaps someone who can explain the differences between these documents will respond?

Thanks

Reply by Charles_Ca on 1/11/06 1:45am
Msg #87515

Re: Warranty Deed/ Grant Deed

In California all deeds are warranty deeds except quit claim deeds. All deeds in california with a granting clause are considered to imply certain warrantees. A quitclaim deed has no warrantees since it only grants whatever interest the grantor may have and the grantor may have no interest whatsoever, therefore no warrantees. Also a quitclaim deed has no rights of after-acquired title.

Reply by ReneeK_MI on 1/11/06 4:29am
Msg #87519

Re: Warranty Deed/ Grant Deed

Warranty Deeds include verbiage to this effect: "conveys and warrants" This 'warrant' means the grantor assumes the risks of any 'clouds' that could affect title; it warrants that the grantor actually has clear title interests in the property he is conveying.

Mtgs and DOTs are similiar in the sense that they both are used to record the respective lien against the subject property. A Deed of Trust additionally places the Trustee as the vested title holder (owner of the property). A Mortgage does not transfer title ownership. The use of each of these is respective to each state.

Reply by Charles_Ca on 1/11/06 11:06am
Msg #87565

Depends on your State's laws NM