Grantor vs. Grantee | bank rate

One of the most overwhelming aspects of buying and selling a home is the terminology. Throughout the transaction, many technical terms are thrown around with very specific meanings not found in common parlance or even in other financial transactions.

One of the most important pairings you will come across is grantor and grantee. It’s essentially legal jargon, the official language used in sales contracts to basically describe the home seller and home buyer. But it will always be present in the contract and in the discussion with the real estate attorneys and other real estate professionals involved in the sale and purchase of a home. So you should understand the basics of what each term means, especially the one that applies to you.

What is a grantor?

A grantor is one side of the transaction, the party that delegates the sale of an asset to someone else. In the real estate context, the grantee is the person who sells a property. It could be a homeowner, a bank, a landlord, or any other person who owns land or property that they wish to discharge.

What is a scholarship holder?

The grantee is the other side of the transaction – the party acquiring the asset. In a real estate transaction, it is the person who buys or rents land or real estate. This can be a homebuyer, a renter or anyone else who owns/possesses a piece of land or property such as a property. B. a house takes over.

Scholarship holders, scholarship holders and real estate deeds

The grantee and the grantee are related to each other. Basically, the grantee sells or rents a property to the grantee, who pays for the purchase or use. These relationships are mandated by various types of contracts called deeds, which define the precise terms of the transfer.

warranty obligation

General

A general deed of guarantee is a legal document that mandates the transfer of ownership of a property from the grantor to the grantee. It binds the seller or grantor by requiring them to provide assurances that there are no problems with the title or the property itself. It offers the grantee the greatest protection, including the grantor’s obligation to pay legal costs should problems arise – including claims that predate the current grantor’s ownership (in other words, under a different owner).

Special

A special warranty certificate is like a general warranty certificate, but it offers some specific, albeit limited, protections to the beneficiary or purchaser. According to a special deed of guarantee, the founder must guarantee that his property is not encumbered – that is, there is no risk of creditors placing a lien on the house that could hinder the transfer. The grantor must transfer title to the property directly and ensure that all mortgages are (or will be) paid off in full. However, the special guarantee deed is only valid for the period that the seller owned the property and does not prescribe any encumbrances that may have arisen prior to taking ownership of the property.

grant certificate

A certificate of grant is also known as a limited warranty certificate. It is very similar to (and sometimes used under that term) a special deed of guarantee: it requires the seller to guarantee that the title is free and clean, but it does not protect the beneficiary from claims made prior to the transfer of title the property of the donor.

Quitclaim Deed

Like a grant deed, a quitclaim deed transfers ownership of the property from the grantor to the grantee. But it doesn’t have the same kind of protection because it doesn’t guarantee that the grantor actually owns the title or that the title is unique. If the grantee is found to have sold the property with issues on the title, there is no protection for the grantee.

Quitclaim deeds only apply in certain situations, such as B. a transfer between family members or a transfer to a trust. In the case of a transfer between parties who have no existing relationship – an arm’s length transaction – the deed of receipt is unlikely to provide adequate protection.

deed instead of foreclosure

Foreclosures are a situation most homeowners want to avoid, even when times are tough. A writ of execution offers the possibility of avoiding the confiscation of one’s own assets. This agreement obliges the grantee to voluntarily surrender title to their property to the mortgage lender in the event of default. This frees the scholarship holder from his mortgage debt. Note that it doesn’t stop home loss: instead, it’s a tool to avoid the foreclosure process, which can negatively impact your credit score and make it harder to get a home in the future. It also avoids lengthy court proceedings for the grantee.

Dedicated Deed

A special purpose deed is used when the person signing the deed is not acting as a donor himself, but is merely acting in an official capacity on behalf of someone else. This may be an executor, a power of attorney or another executor. This means that the grantor is not liable if there is a claim against the property.

Marriage settlement

A deed of transfer between spouses allows for the transfer of ownership of a property to one party to a marriage. It is often used in divorce cases to transfer the title to one person, especially when the property previously belonged to both people or the other party. After the transfer, it is common for the grantee to refinance or sell the property as sole owner.

Closing Words on Scholarship Holders and Scholarship Holders

Grantor and grantee are at the other end of a transfer of ownership, with grantor acting as the seller or lessor and grantee acting as the buyer or lessee. Most deeds offer both parties some protection in relation to ownership and responsibility for ownership, as well as claims and liens against it.

Even with deeds that provide them with adequate protection (such as the general guarantee), grantees may wish to purchase title insurance to provide additional protection for their liabilities, particularly during the home buying process; Many mortgage lenders insist on it.

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