Quick Answer
A warranty deed gives the buyer the strongest form of protection at closing, because the seller is legally promising the title is clear and backing that promise up. It's the standard deed type in most Indiana residential sales, unlike a quitclaim deed, which offers no such guarantee.
- Warranty of title
- Seller guarantees clear title
- Common in
- Most standard Indiana home sales
- Two main types
- General warranty, special warranty
- Pairs with
- Title insurance and a title search
General vs. Special Warranty Deeds
A general warranty deed is the broadest promise: the seller guarantees the title against claims from any point in the property's history, even from before they owned it. A special warranty deed only guarantees the title for the period the seller personally owned the property, which is common with bank-owned or estate sales where the seller doesn't want to vouch for history before their ownership.
Most Central Indiana resales use a general warranty deed, which gives buyers the most confidence in the transfer.
How It Works With Title Insurance
A warranty deed is a promise from the seller, but promises are only as good as the seller's ability to keep them, which is why title insurance is used alongside it. The title search and insurance policy back up the deed's warranty with an actual financial guarantee if a covered title problem shows up later.
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Frequently Asked Questions — Warranty deed
Is a warranty deed required in Indiana?
It's not legally required, but it's the standard and generally preferred deed type for typical purchase transactions.
What's the difference between a warranty deed and title insurance?
The deed is the seller's personal promise about the title; title insurance is a separate policy that financially protects the buyer and lender if a title problem surfaces.
Who prepares the warranty deed?
Typically the closing attorney or title company handling the transaction prepares and records it.
Does a warranty deed protect against every possible title issue?
It covers claims within the scope of its warranty, but it's not a substitute for a title search and title insurance, which address issues that may not be obvious to the seller.