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Warranty Deed And Deed Of Trust for the United States

Warranty Deed And Deed Of Trust Template for United States

A Warranty Deed and Deed of Trust is a dual-purpose legal instrument commonly used in United States real estate transactions. It combines a warranty deed, which transfers property ownership with certain guarantees about the title, and a deed of trust, which creates a security interest in the property to secure a loan. This document is particularly common in states that use the deed of trust system rather than traditional mortgages, providing both conveyance of title and security for financing in a single transaction.

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Warranty Deed And Deed Of Trust

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What is a Warranty Deed And Deed Of Trust?

The Warranty Deed and Deed of Trust is essential in real estate transactions where property transfer and financing occur simultaneously. This document type is widely used across many U.S. states that follow the deed of trust system, providing a streamlined approach to property conveyance and loan security. It includes both the warranties of title from the grantor to the grantee and the creation of a security interest for the lender, with a trustee holding legal title until the loan is satisfied. The document typically contains detailed property descriptions, loan terms, and specific rights and obligations of all parties involved.

What sections should be included in a Warranty Deed And Deed Of Trust?

1. Parties: Identification of grantor and grantee with full legal names and addresses

2. Consideration Statement: Statement of consideration paid for the property transfer

3. Granting Clause: Language conveying the property from grantor to grantee

4. Property Description: Legal description of the property being conveyed

5. Warranties: Grantor's warranties regarding title and property

6. Trust Provisions: Terms of the trust arrangement securing the debt

What sections are optional to include in a Warranty Deed And Deed Of Trust?

1. Mineral Rights: Specification of mineral rights if being retained or transferred - use when mineral rights are relevant to the property

2. Easements: Description of any easements affecting the property - use when there are existing easements

3. Special Conditions: Any special conditions or restrictions on the property - use when specific conditions need to be documented

What schedules should be included in a Warranty Deed And Deed Of Trust?

1. Schedule A: Detailed legal description of the property

2. Schedule B: List of exceptions to title and encumbrances

3. Schedule C: Payment terms and amortization schedule

4. Exhibit A: Property survey or plat

5. Exhibit B: Title insurance commitment or policy

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Trust Deed

Cost

Free to use
Clauses

























Industries

State Property Laws: State-specific property laws, recording statutes, and deed formatting requirements that govern real estate transactions and document preparation

Federal Regulations: Key federal laws including Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and Interstate Land Sales Full Disclosure Act

Deed Validity Requirements: Legal requirements for valid deeds including Statute of Frauds compliance, proper acknowledgment, and state-specific signature and witness requirements

Security Interest Laws: Uniform Commercial Code (UCC) provisions, state foreclosure laws, and state trust deed statutes governing security interests in property

Title Requirements: State title insurance requirements, chain of title requirements, and recording requirements for proper title transfer and protection

Tax Regulations: Transfer tax regulations, property tax provisions, and federal tax implications related to property transfer and deed execution

Mortgage/Trust Deed Rules: State-specific mortgage and trust deed requirements, power of sale provisions, and default and remedies provisions for secured transactions

Teams

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