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Warranty Deed (Subject to Debt)

Transfer real estate ownership with clear warranties of title while acknowledging existing debt obligations using this Warranty Deed (Subject to Debt) Template.

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Warranty Deed (Subject to Debt)

WARRANTY DEED (SUBJECT TO DEBT) TEMPLATE


This Warranty Deed (the “Deed”) is made on [Date], by and between:

Grantor (Seller): [Full Legal Name]
Address: [Grantor’s Address]

and

Grantee (Buyer): [Full Legal Name]
Address: [Grantee’s Address]

Property: [Full Legal Description of Property, including lot, block, subdivision, county, and state]


1. Conveyance of Property

The Grantor hereby conveys and warrants to the Grantee, subject to the debt described below, all rights, title, and interest in the property described above.


2. Consideration

The conveyance is made in exchange for valuable consideration of $[Amount], the receipt of which is hereby acknowledged by the Grantor.


3. Subject to Debt

This conveyance is made subject to the following existing debt(s):

  • Loan or Mortgage Holder: [Name of Lender]

  • Original Loan Amount: $[Amount]

  • Current Balance: $[Amount]

  • Loan Date: [Date]

The Grantee acknowledges that the property remains encumbered by this debt and assumes responsibility for continuing payment and compliance with its terms.


4. Warranty of Title

The Grantor warrants that:

  • They are the lawful owner of the property.

  • The property is free of encumbrances except as disclosed in Section 3.

  • The Grantor will defend the title to the property against all lawful claims arising from before the conveyance, except as limited by the subject debt.


5. Taxes and Assessments

The Parties agree that property taxes and assessments will be prorated as of the date of transfer unless otherwise agreed.


6. Governing Law

This Deed shall be governed by and construed in accordance with the laws of [State/Country].

IN WITNESS WHEREOF, the Grantor has executed this Warranty Deed (Subject to Debt) on the date first above written.

Grantor Signature: ____________________________ Date: ___________
Printed Name: ________________________________

Grantee Signature: ____________________________ Date: ___________
Printed Name: ________________________________

Notary Acknowledgment:
State of [State]
County of [County]

On this ____ day of ________, 20, before me, the undersigned Notary Public, personally appeared [Grantor’s Name], personally known to me or proved on satisfactory evidence to be the individual who executed the foregoing instrument, and acknowledged that they executed the same for the purposes stated therein.

Notary Public Signature: _______________________
My Commission Expires: ___________

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Warranty Deed (Subject to Debt)

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WARRANTY DEED (SUBJECT TO DEBT) FAQ


What is a Warranty Deed (Subject to Debt)?

A Warranty Deed (Subject to Debt) is a legal document that transfers ownership of real estate from a seller (Grantor) to a buyer (Grantee), while recognizing that the property remains encumbered by an existing loan, mortgage, or lien.


Why is a Warranty Deed (Subject to Debt) important?

It protects the buyer by guaranteeing that the Grantor has legal title to convey, while also acknowledging the property’s outstanding obligations. This ensures transparency in the transfer and helps avoid disputes about undisclosed debts.


When should you use a Warranty Deed (Subject to Debt)?

It should be used when transferring real estate that is still under mortgage or another secured loan, where the buyer agrees to assume responsibility for the debt instead of requiring the seller to pay it off before closing.


What should a Warranty Deed (Subject to Debt) include?

It should identify the Grantor and Grantee, describe the property, disclose existing debts, state the consideration paid, include warranties of title (limited by the debt), and be signed, notarized, and recorded with the county clerk or recorder.


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