In Florida, a special warranty deed is a real estate transaction in which the transfer of a property is involved. It is often more limiting than other kinds of real estate deeds because the special warranty deed allows the seller or the grantor to turn over the deed of a property in any condition that he or she received it. The seller must provide a warranty that no damage or defect occurred while he or she owned it, but does not need to make any guarantees against what might have occurred to the property before he or she came to own it.
A special warranty deed in Florida is often used by a lender when they acquire a new property through foreclosure. When the lender then sells or grants the property to developers or new buyers, the lender is required to ensure there are no defects to the property during the lender’s ownership. However, the lender is not held accountable for any problems to the property that occurred before the foreclosure gave the lender title.
Essentially, the lender or seller of the property is saying that he or she is granting the property to a new owner in exactly the same condition that it was received. Talk to a real estate attorney or foreclosure expert before entering into a special warranty deed in Florida. You want to make sure all your claims to the property are protected, especially when you are dealing with a foreclosed property. Stephen K. Hatchey, a Florida real estate attorney, can help you navigate this process. Contact our offices at 813-549-0096.
This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.floridarealestatelawyer.org/