A warranty deed is a deed that transfers ownership of real property—and guarantees certain characteristics of the title (ownership) being transferred. Under a warranty deed the seller guarantees or warrants that the title to the property (ownership) is good, clear, and free from encumbrances, liens, mortgages, and other claims. These guarantees of good and clear title are also known as covenants.
A warranty deed—also known as a general warranty deed or a full covenant and warranty deed—provides the greatest amount of protection to a purchaser of property and is often used when a buyer is trying to get financing for the purchase of a property.
Because a warranty deed places responsibility on the seller for ensuring title to the property is clear of liens, claims, and encumbrances, title insurance is often used to protect against the risk of claims and to facilitate the sale of the property.
When the parties to a sale transaction purchase title insurance the title company or the buyer’s attorney will perform a search of the public records regarding ownership of the property to make sure the purported seller of the property owns the property and that there are no other co-owners of the property, or liens, claims, or encumbrances on the property that might compete with or be made against the buyer after the sale transaction is completed.
In Mississippi, a warranty deed is a legal document used to transfer property ownership with the seller providing a guarantee that the title is clear of any defects, liens, encumbrances, or claims. This type of deed offers the highest level of protection for the buyer and is commonly used in transactions where the buyer is obtaining financing. The seller, through the warranty deed, makes covenants that assure the buyer of a good and clear title. To mitigate the risks associated with potential title defects and to ensure the smooth transfer of property, title insurance is frequently purchased. This insurance involves a title search, typically conducted by a title company or the buyer's attorney, to verify the seller's ownership and to check for any competing interests or claims on the property. If any issues are discovered during the title search, they must be resolved before the property transaction can be completed. The use of a warranty deed in Mississippi aligns with the general principles of real estate transactions, providing buyers with confidence in their investment and sellers with a formal mechanism to convey a clean title.