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Diane Shelton

(314) 497-4685
DShel80907@aol.com
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Deeds of Conveyance

1. General Warranty Deed:

 a) Most favored by Purchasers.
 b) Grantor covenants the following:
  1)  Grantor has an indefeasible estate in fee simple;
  2)  Grantor has the right to convey;
  3)  The premises are free and clear of any encumbrance, with the
       exception of those currently of record or specified in the deed; and
  4)  Grantor will warrant and defend the title against the lawful claims of
       all persons, even those originating before Grantor’s ownership.
 c) “Grant, Bargain and Sell, Convey and Confirm”.

2. Special Warranty Deed:

a) The Grantor covenants and warrants that the Grantor will defend the Purchaser against the claims by and through the Grantor.  Thus the Grantor has no obligation to defend the Purchaser against any claim or demand originating in the time before the Grantor owned the property..
b) “Bargain and Sell, Convey and Confirm”.

3. Quit Claim Deed:

 a) The least desirable form of conveyance as far as Purchasers are concerned.
 b) No covenants or warranties whatsoever.
 c) Merely conveys whatever title, if any, the Grantor may have.
d) Often used as additional deed to correct technical defects in title.
e) “Remise, Release and Forever Quit Claim.”

4. Beneficiary Deed:

 a) Section 461.025 of the Missouri Non-Probate Transfers Law now, and
  permits almost “will-like” provision to be incorporated in a deed.
 b) Thus a grant may be made to a named beneficiary or beneficiaries
stating that the deed is not to take effect until the death of the Owner/Grantor, or the last to die of two or more Owners/Grantors.
 c) The grant may be to one Grantee or to multiple Grantees as joint tenants
  or tenants in common.
 d) The Beneficiary Deed must be recorded prior to the date of death of the
  Grantor, or the last to die of two Grantors.
 e) Upon recording, the deed is incorporated into the chain of title, however,
  it does not take effect until death.
f) The deed may be revoked by a revocation form, unless the original Beneficiary Deed provides that the transfer is to be irrevocable, or by another deed.

5. Trustee’s Deed (Under Foreclosure):

 a) Title acquired as a result of the foreclosure of a deed of trust.
 b) In order to pass a valid title at the foreclosure sale, the Trustee must
comply with a number of statutory requirements involving publication of notice of the foreclosure and personal notice to all owners of record, those that have recorded a request for notice of foreclosure and to the Internal Revenue Service if there is a federal tax lien recorded.

The above conveyance documents are used in many of today’s transactions.  It is important for your customer to understand their meaning.  Please feel free to contact us with any questions you have regarding these different types of deeds.

Please feel free to call:

Jack Forsythe
Legal Counsel
(314) 835-4105
“Secure Your Investment With Security Title”

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Still LOVE my home – thank you!!

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Thanks Jim. I was prepared for a miserable experience. You took the worry and tension out of selling.

John Walsh Seattle, Washington

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We had the best experience during the purchase of our first home with Jim. We love it. One of my best friends is a Realtor and I have already told her that when I move, Jim Hurley is the one I work with.

James Fagan Ballwin, Missouri

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It was our first home and we spend several months looking. Jim never lost patience. He spent hours educating us and helping us through the process. He’s always smiling and positive…. Linda and Steve Green St. Peters, Missouri

Linda and Steve Green St. Peters, Missouri

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I wasn’t really considering buying a new home but one I had looked at before we bought the last one, which I loved, came on the market. I called Jim and we moved 45 days later with no problems. He really cares about the people involved in the process.

Tina and Tom Shinner Kirkwood, Missouri

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