Transfer of title
Deeds, title insurance, recording, closings, foreclosures and short sales.
Transfer of title in one paragraph
General warranty deed vs NJ bargain and sale deed with covenant
| General warranty deed | Bargain and sale with covenant as to grantor's acts | |
|---|---|---|
| What the grantor promises | To defend title against claims from any point in the chain of title | Only that the grantor did nothing during their ownership to cloud title |
| Use in New Jersey | Rare | The standard deed in most home sales |
| Where the buyer's real protection comes from | The grantor's warranties plus title insurance | Mostly the title search and owner's title policy |
| Rank in protection | Highest | Below general warranty, above quitclaim |
Transfer of title: 4 rules to memorize
General warranty deed protects most.
A quitclaim protects least.
Recording gives constructive notice.
The world is on notice of the owner's interest.
Owner's policy protects the buyer.
The lender's policy protects the lender.
Short sale needs lender approval.
The payoff is less than what is owed.
Transfer of title, explained
Recording gives constructive notice. A title search checks the chain of title, and title insurance protects against hidden defects. Distressed sales include foreclosures, deeds in lieu and short sales.
A valid deed needs a competent grantor, an identified grantee, words of conveyance, a legal description and the grantor's signature, and it must be delivered and accepted. In New Jersey the standard deed in home sales is the bargain and sale deed with covenant as to grantor's acts: the seller promises only that they did nothing during their ownership to cloud the title. That promise does not reach back before the seller owned the property, so the title search and the owner's title policy carry the rest of the protection.
Title insurance starts with a title search of the chain of title. Marketable title is title a reasonable buyer would accept, free of serious defects, and insurable title is title a company will insure, sometimes with listed exceptions. Common problems, like an old mortgage never released or a missing heir, are cured with a payoff and release, a quitclaim deed from the person with the claim, or a quiet title action.
Know the special processes. New Jersey foreclosures are judicial: the lender sues and the property is sold at a sheriff's sale, and court rules give a 10-day period after the sale to object before the sheriff delivers the deed. In a probate sale, the executor or administrator signs the deed for the estate. For new construction, the New Jersey new home warranty runs from first owner occupancy or settlement, whichever occurs sooner: 1 year for materials and workmanship, 2 years for heating, cooling, plumbing and electrical systems, and 10 years for major structural defects.
How the exam tries to trip you up
- Recording does not transfer title. Delivery and acceptance during the grantor's lifetime do. Recording protects the buyer by giving constructive notice.
- Only the grantor has to sign the deed. If an answer says the grantee must sign for the deed to be valid, it is wrong.
- The covenant in a New Jersey bargain and sale deed covers only the seller's own acts. If a question describes a lien left by an earlier owner, the buyer's protection is the owner's title policy, not the deed.
- The lender's policy protects the lender and is usually required by the lender. The owner's policy is optional but is the only one that protects the buyer.
Transfer of title practice questions
Which deed gives the buyer the most protection?
Transfer of title flashcards
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All 7 terms at a glanceShowHide
- Quitclaim deed
- Transfers whatever interest the grantor has, with no warranties.
- Constructive notice
- Legal notice given by recording in public records.
- Short sale
- Sale for less than the loan balance, with lender approval.
- Covenant as to grantor's acts
- Promise in a NJ bargain and sale deed that the seller did nothing during their ownership to encumber title.
- Chain of title
- The recorded history of ownership transfers for a property, checked in a title search.
- Marketable title
- Title free of serious defects that a reasonable buyer would accept.
- Deed in lieu of foreclosure
- A borrower deeds the property to the lender to avoid a foreclosure suit.
Transfer of title: common questions
Sources and further reading
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