The general way to convey real property in Indiana is through a warranty deed. In certain cases, you may also use a quitclaim deed, a deed of trust or a grant deed. Most deeds require the name of the grantor who is the current owner; the grantee (the new owner) as well as the legal property description. The deed must be in writing, notarized and signed by the grantor. All deeds should be recorded with the county where the property is located.
A warranty deed is guarantees that a title is good and marketable without any liens or encumbrances. The following are types of warranty deeds available in Indiana:
Some deeds do not convey a warranty with the title. they are considered special or limited warranty deeds. In these cases, the grantor only warrants that there are no title defects during the time he or she owned the property.
A quitclaim deedconveys the grantor's ownership without any warranties or guarantees that title is good or that the property is free of liens or claims. A quitclaim deed is used mostly in non-sale transactions.
Adeed of trust or trust deed transfers title to a trustee, which is usually a trust or title company holding the real property as security for the borrower's loan. Once the loan is paid in full, the title is then transferred to the borrower.If the borrower defaults, the trustee may sell the property at a foreclosure auction and pay the lender the proceeds of the sale.
A grant deed transfers ownership from the grantor to the grantee. With this deed, the grantor guarantees that the title has not been transferred previously and that no encumbrances attach to the property other than those specified in the deed.
If you are considering a property transfer in Indiana, speak with an experienced real estate attorney to discuss Indiana deed transfers.
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