Legal Question in Real Estate Law in Michigan

warranty deed vs quitclaimdeed

I am attempting to sell a house that I bought in 1982 on a land contract Paid off 1990. Can't find the deed and am trying to locate one of the sellers. Found him on the internet. Which deed do I need to free up the title?


Asked on 6/27/07, 10:11 am

2 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: warranty deed vs quitclaimdeed

You will want a warranty deed. Read the language of your land contract and that will tell you what kind of deed the sellers agreed to give you. A warranty deed gives you certain warranties about title and so forth. This is very important when you have paid good consideration for property.

If the sellers do not agree to give you a deed, you will need to file a lawsuit to quiet title.

Good luck.

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Answered on 7/01/07, 7:48 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: warranty deed vs quitclaimdeed

You can go to the register of deeds in the county where the property is located and have them to do a search for the chain of title to determine if a deed was already recorded and if you have good title.

If not, get a hold of the previous owner/seller and have him do a quit claim deed over to you. You can then give the new buyer the deed he is requiring when you sell the house. The title company will be able to determine if there are any outstanding issues regarding the property or whether any other title issues need to be cleared up before you can transfer it over.

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Answered on 6/27/07, 9:52 pm


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