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Closing on Property with Clear Legal Terms

Closing on Property with Clear Legal Terms

Real Estate Law Services from The Law Offices of Mario Saroldi

When you buy, sell, or refinance property, the deed you receive determines how much protection you have if a title issue appears years later. A general warranty deed offers the strongest protection, covering claims that reach back through the entire ownership history. A quitclaim deed offers none. The difference matters when a lien surfaces or a boundary dispute forces you to defend your ownership in court.

The Law Offices of Mario Saroldi handles real estate law for buyers, sellers, lenders, and debtors in residential and commercial transactions. Whether you need a deed prepared for a property transfer, advice on which type of deed fits your situation, or representation in a dispute over title or boundaries, the firm provides guidance on deeds including general warranty deeds, special warranty deeds, quitclaim deeds, lady bird deeds, assumption deeds, wraparound deeds, trustee's deeds, deeds incident to divorce, deeds in lieu of foreclosure, and correction deeds.

If you are transferring property or facing a title issue, contact The Law Offices of Mario Saroldi to review your options and move forward with the right legal instrument.

What Happens During a Property Transfer

The attorney prepares or reviews the deed, confirms the legal description of the property matches county records, and verifies that the grantor has authority to convey title. You sign the deed in the presence of a notary, and the document is recorded with the county clerk to make the transfer official. The type of deed used affects the warranties the grantor provides and the legal remedies available if a defect in title appears later.

After the deed is recorded, the new owner holds legal title and can use, sell, or mortgage the property. If a special warranty deed was used, the grantor only warrants against claims that arose during their period of ownership. If a general warranty deed was used, the grantor warrants against all claims, regardless of when they originated. If a quitclaim deed was used, the grantor makes no warranties at all.

The attorney also advises on deeds used in specific situations, such as transferring property to a trust, dividing property in a divorce, or avoiding foreclosure through a deed in lieu. Each type of deed serves a distinct legal function and carries different levels of risk and protection for both parties.

Questions About Deeds and Property Transfers Are Normal

Choosing the wrong deed can leave you without recourse if a title problem arises, so it helps to understand what each type of deed does before you sign.

What is the difference between a warranty deed and a quitclaim deed?

A warranty deed includes promises from the grantor that they own the property and will defend your title against claims. A quitclaim deed transfers only whatever interest the grantor has, with no promises or guarantees about the validity of that interest.


When would I use a lady bird deed?

You use a lady bird deed to transfer property to a beneficiary upon your death while retaining full control during your lifetime, including the right to sell or mortgage the property. It avoids probate and does not trigger Medicaid penalties in some states.


What does a correction deed fix?

A correction deed fixes errors in a previously recorded deed, such as a misspelled name, an incorrect legal description, or a missing signature block. It does not change the terms of the original transfer, only corrects the documentation.


How does an assumption deed work in a refinance?

An assumption deed allows a buyer to take over the seller's existing mortgage rather than obtaining a new loan. The lender must approve the assumption, and the buyer agrees to be personally liable for the debt from that point forward.


What is a wraparound deed used for?

A wraparound deed is used when the seller finances part of the purchase price and the buyer makes payments to the seller, who continues paying the original mortgage. The buyer receives equitable title, and the seller retains legal title until the wraparound note is paid in full.

Each deed type carries different legal protections and obligations, and selecting the right one depends on your transaction and risk tolerance. Reach out to The Law Offices of Mario Saroldi to review your situation and prepare the deed that fits your needs.

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