January 12, 2017
The first deed that we will talk about is a Warranty Deed. This is something you will find in other states and will not generally see filed in Louisiana. Here is how the LTI course describes the Warranty Deed. “In a Warranty Deed, the seller (grantor) who signs the deed says, in effect, the buyer (grantee), “I warrant (guarantee) that I have good title to the land, that there are no material defects in my title and no outstanding interests held by third parties; that there are no mortgages, unpaid taxes or other liens or encumbrances outstanding on the land; that I have good, right and lawful authority to sign and deliver this deed; and that this deed conveys to the buyer (grantee) a good, indefeasible title to the land.”
Word of the day, “indefeasible” –adjective that which cannot be defeated, revoked, or made void. This term usually applies to an estate or right that cannot be defeated. I think this is the key word in understanding what a Warranty Deed truly conveys. The seller (grantor) has had title work done, knows that there were no title issues prior to their acquisition and has done nothing to change that while they owned the land. They have the right to sell the land therefore, the purchaser is getting a good title to the land which cannot be altered or voided.