A special warranty deed is more limiting than the commonly used warranty deed in real estate transactions. The grantor (seller) in a special warranty deed warrants the title against any defect which occurred during the time period that it held title. The warranty does not include defects which occurred prior to the time that it acquired title. The grantor is effectively saying he is transferring title in the exact same condition that he received it thereby limiting any obligation to defend the title prior to grantor’s ownership.
These deeds are typically used by lender after they acquired title in a foreclosure and by developers and are frequently written into the contract as being the deed that will be used.
Note: No legal advice or suggestions are being given as to the preferred or recommended type of deed. Consult with your legal advisor before accepting such deeds and contact Access Title Agency to ensure that your deed is insurable. The above is an excerpt only from an Underwriting Manual.
Access Title Agency is located in Naples, Florida, and services the Collier and Lee County markets, in addition to all of Florida.