Monday, June 13, 2016

Types of Deeds

Here are the Statutory Deed Forms in Washington State

Warranty Deed LPB 1 10-05

Warranty Fulfillment Deed [after Real Estate Contract] LPB 11-05

Statutory form. RCW64.04.030.

That this Grantor is lawfully seized of an indefeasible estate in fee simple, in

and to the premises therein described,

That this Grantor has good right and full power to convey the land;

That the land is free from all encumbrances that existed before this Grantor

acquired that land;

That the land is free from all encumbrances created since this Grantor

acquired that land;

That the Grantor warrants to the grantee and to heirs and assigns, the quiet

and peaceable possession of such premises, and

That the Grantor will defend the title to the land against all persons who may lawfully claim the same.

Bargain and Sale Deed LPB 15-05 (2009)

Statutory form. RCW64.04.040.

Words Warranty of Title Promises

Grantor “bargains” “sells” “conveys”

Former LPB 15 and 15-05 stated a special warranty (see below) *

Quitclaim Deed LPB 12-05 (2006)

Statutory form. RCW 64.04.050.

Grantor “quitclaims” “conveys”

The statute provides that there are no warranties of any type.

The following deed forms in common use are not provided by Washington statutes:

Special Warranty Deed

Grantor “grants” “confirms” “conveys”
NOT a statutory form.

No warranty is provided by statute. The warranty language should be stated on
the deed. Traditionally most parties stated the following warranties: free from encumbrances, done or suffered from the Grantor, and quiet enjoyment against the Grantor, his heirs and assigns.

* From 1983 to 2009, LPB form 15 and 15-05, entitled “Bargain and Sale Deed,” stated the warranties above. The LPB form 16-09 entitled “Special Warranty Deed” approved Jan. 2010 does not state any warranty language. That has not been interpreted by a court. It is possible a court will interpret the Grantor warranties of the Bargain and Sale Deed based upon RCW 64.04.040.

LPB 16-09

Trustee Deed [Deed of Trust foreclosure]

Grantor “conveys"
 NOT a statutory form.

No warranty is provided by statute. RCW 61.24.040: "The sale will be made
without warranty, express or implied, regarding title, possession, or encumbrances."

Also See RCW 61.24.050 Interest Conveyed by Trustee Deed.

Executor Deed, Personal Representative Deed, Receiver Deed, Guardian Deed

Grantor “conveys”
NOT statutory forms.

No warranty is provided by statute. The warranty language, if any is intended, must be stated on the deed. These forms are prepared by lawyers; the forms vary.

Usually there is no warranty of any type.

References to LPB refer to the Limited Practice Board organized by the Washington State Bar Association to approve forms for Limited Practice Officers to use pursuant to Admission to Practice Rule 12.

Prepared by Dwight Bickel, Regional Counsel FNTG

Happy Investing!

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