Wht is a "Certificate of Title" and "Special Warranty Deed"?

Question Details:I am interested in purchasing a home and I am doing research before submitting an offer. It has a Certificate Of Title stating The Bank vs Mary Jane (orig owner); John Doe; Jane Doe as unknown tenant(s) in possession of subject property. It also has a Special Warranty Deed. What does the Certificate Of Title mean and what is a Special Warranty Deed?

Asked 2 years ago under Real Estate | 870 Views | More Legal Topics

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E.M., Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

First, a special warranty deed is the best title that one can receive when he or she buys real property from the seller. In essence, the special warranty deeds gives the buyer full title to the property being purchased to the exclusion of anyone else. Such title would include mineral and water rights.

The certificate of title is simply a document showing in whose name the real property is in separate and apart from a special warranty deed or a quit claim deed.

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