Can a Special Warranty Deed to turned into a General Warranty Deed?

Asked by texas.hoa-poa.com, Green Valley, AZ Tue May 22, 2012

If you buy a foreclosure home with a Special Warranty Deed, can you turn it into a General Warranty Deed to resell it.

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7
Stormylena, Home Buyer, Oklahoma City, OK
Thu Aug 20, 2015
If you are considering buying real estate in a foreclosure sale, then take good look at what type of title guarantee the seller is willing to offer. If all he is willing to give you is a special warranty deed, then you could end up in a very bad position. These warranties only state that the present owner has no other debts in place against the title. If any previous owner had any debts, liens, or encumbrances in place, then you can be held legally liable for them with no other recourse but to pay them. If you do not pay them, then the debts can be kept in place and will become yours until they are satisfied.
http://ForeclosureIQ.com
0 votes
Lauren Quigl…, Agent, Chesterfield, MI
Sat Jun 14, 2014
Yes, your title company can help you with that.
0 votes
Guy Gimenez, Agent, Austin, TX
Mon Jan 7, 2013
It doesn't matter what type of deed you received when you purchased the home, you can convey it using either a special or warranty deed, but I always sell my investment homes via special warranty deed for very good reason.
0 votes
what reason is that?
Flag Mon Jun 1, 2015
Dyana Babik, Agent, Houston, TX
Mon Jan 7, 2013
Warranty deeds come in two forms: general warranty deeds and special warranty deeds. These two types of deeds provide two different levels of guarantee about ownership of the property, and protection from defects. Dyana Babik, Remax Lake & Country. RemaxLakeHomes@gmail.com
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Mack McCoy, Agent, Seattle, WA
Tue May 22, 2012
No.

You can grant a future buyer a General, Statutory, or whatever kind of Warranty deed you can get a title insurance company to back up - but you can't change a deed. The deed is the physical evidence of an action THAT HAS ALREADY HAPPENED.
0 votes
Guy Gimenez, Agent, Austin, TX
Tue May 22, 2012
It doesn't matter what type of deed you received when you purchased the home, you can sell the home by special or general warranty deed, although I'm not sure why you would want to sell by general warranty deed. Generally speaking, only the title company benefits from a GWD over a SWD if a title policy is being issued.
0 votes
Bruce Lynn, Agent, Coppell, TX
Tue May 22, 2012
That's probably a good question for a title company.

People resell foreclosures all the time, every day.
So I think when you get it as an REO they almost always give you a special warranty deed, but when you resale to the next person the title company writes it as a general warranty deed.
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