The presence of this warranty deed is to guarantee that the purchased property is free from dispute. The hope is that the buyer is protected by the law if at any time there is a problem that he does not know about. In addition, this document will provide a guarantee that the property purchased is completely clean of all issues.
If the seller cannot provide this letter, it is suspect. As the word warranty which means guarantee, it means that this document guarantees that the buyer is the rightful owner before the law.
The law that is used as a reference – Title 55, Chapter 6 – Transfer of Real Property.
The warranty deed is considered valid if the signing process is carried out before a notary (I.C. 55-805).
The deed form which has been certified by a notary, must then be returned to the local Recorder’s Office where the property in question is located. (I.C. 55-808).
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