Will a special warranty deed be sufficient in this case?

[richmaxw]

I am buying a house in Colorado. The house was purchased by my mother and father in 1991. In 2018, my father died and it passed to my mother. In 2022, my brother became conservator for my mother. He is now selling the house. In the contract, they said that they will provide a special warranty deed. Will the special warranty deed provide assurances all the way back to 1991 or will the events since then complicate things? Should I insist on a general warranty deed to prevent any issues?

 

[adjusterjack]

You should insist on having your attorney review the transaction and make sure it's done properly.

 

[LdiJ]

I am buying a house in Colorado. The house was purchased by my mother and father in 1991. In 2018, my father died and it passed to my mother. In 2022, my brother became conservator for my mother. He is now selling the house. In the contract, they said that they will provide a special warranty deed. Will the special warranty deed provide assurances all the way back to 1991 or will the events since then complicate things? Should I insist on a general warranty deed to prevent any issues?

Are you buying the house by obtaining a mortgage? Are you going through a proper closing?

 

[richmaxw]

Are you buying the house by obtaining a mortgage? Are you going through a proper closing?

Yes. I'm getting a mortgage. I'm not sure what you mean by proper closing.

 

[LdiJ]

Yes. I'm getting a mortgage. I'm not sure what you mean by proper closing.

If you are getting a mortgage then you will be going through a proper closing. The mortgage company will refuse to complete the sale if the deed is not satisfactory to protect their interests.

 

[zddoodah]

The house was purchased by my mother and father in 1991. In 2018, my father died and it passed to my mother.

By what means did it pass from your mother and father to your mother? Did they own it as joint tenants such that it passed by operation of law? If so, did she file/record an affidavit of death of joint tenant? If it wasn't owned in joint tenancy, how was it owned, and how did title pass to your mother?

In 2022, my brother became conservator for my mother. He is now selling the house. In the contract, they said that they will provide a special warranty deed.

Who are "they"? Are you referring to your brother as "they"? Have you already signed the contract?

will the events since then complicate things?

Again, I'm not sure what you're getting at.

Should I insist on a general warranty deed to prevent any issues?

Are you buying the house

Yes.

If you've already signed the contract, then you can "insist" on anything you like, but you won't have any ability to get anything other than what the contract calls for.

I suggest you google "colorado difference between general warranty deed and special warranty deed." The first few results that pop up will clearly explain the difference. If you haven't yet signed the contract, then you can insist on anything you like, although I can't conceive why your brother would agree. Keep in mind that any concerns can be alleviated by obtaining a policy of title insurance.

 

[quincy]

I am buying a house in Colorado. The house was purchased by my mother and father in 1991. In 2018, my father died and it passed to my mother. In 2022, my brother became conservator for my mother. He is now selling the house. In the contract, they said that they will provide a special warranty deed. Will the special warranty deed provide assurances all the way back to 1991 or will the events since then complicate things? Should I insist on a general warranty deed to prevent any issues?

Here, from the Colorado Bar Association, is a good overview of the four different types of real property deeds in Colorado:

https://www.cobar.org/Portals/COBAR/TCL/2019/January/Jan19_Features_RealEstate.pdf

I agree with adjusterjack that you should have your own attorney involved to help address any legal issues that might crop up and to better ensure there are no problems with your purchase of the house.

 

[richmaxw]

By what means did it pass from your mother and father to your mother? Did they own it as joint tenants such that it passed by operation of law? If so, did she file/record an affidavit of death of joint tenant? If it wasn't owned in joint tenancy, how was it owned, and how did title pass to your mother?

The documents listed them both as owners. When he died, we went to the courthouse and filed a death certificate with the country clerk.

Who are "they"? Are you referring to your brother as "they"? Have you already signed the contract?

I am referring to the realtor. I have not signed the contract. I did not say anywhere in my post that I signed anything. I'm not sure where you got that idea.

I suggest you google "colorado difference between general warranty deed and special warranty deed." The first few results that pop up will clearly explain the difference.

I already did Google it before coming here and I read what the differences were. I read that special warranty deeds cover the current owner and general warranty deeds cover the house's entire history. My question, again, was "Will the special warranty deed provide assurances all the way back to 1991"? I'm not sure if whether my dad dying and my brother becoming conservator would mean the special warranty deed would go back to 2022 or 2018 or 1991. No where did I ask you what a special warranty deed or general warranty deed are.

Don't worry about it, though. The realtor agreed to provide me a general warranty deed. So, I believe that should solve any issues. Thanks for your "help."

 

[quincy]

The documents listed them both as owners. When he died, we went to the courthouse and filed a death certificate with the country clerk.


I am referring to the realtor. I have not signed the contract. I did not say anywhere in my post that I signed anything. I'm not sure where you got that idea.


I already did Google it before coming here and I read what the differences were. I read that special warranty deeds cover the current owner and general warranty deeds cover the house's entire history. My question, again, was "Will the special warranty deed provide assurances all the way back to 1991"? I'm not sure if whether my dad dying and my brother becoming conservator would mean the special warranty deed would go back to 2022 or 2018 or 1991. No where did I ask you what a special warranty deed or general warranty deed are.

Don't worry about it, though. The realtor agreed to provide me a general warranty deed. So, I believe that should solve any issues. Thanks for your "help."

Of the deeds, the general warranty deed gives you the most protection - so that will be good to have.

Good luck with the house purchase. I am sure it will be nice for everyone to keep your parents’ house in the family.

 

[zddoodah]

By what means did it pass from your mother and father to your mother? Did they own it as joint tenants such that it passed by operation of law? If so, did she file/record an affidavit of death of joint tenant? If it wasn't owned in joint tenancy, how was it owned, and how did title pass to your mother?

The documents listed them both as owners. When he died, we went to the courthouse and filed a death certificate with the country clerk.

Perhaps you thought you were answering my questions, but you didn't. Did your parents own the property as joint tenants? Or was it something else? For example, did the deed by which they acquired title say, ". . . to [mother's name] and [father's name], as joint tenants"? Or, ". . . as [something else]"? Was anything else (affidavit or otherwise) filed other than the death certificate?

Who are "they"? Are you referring to your brother as "they"? Have you already signed the contract?

I am referring to the realtor. I have not signed the contract. I did not say anywhere in my post that I signed anything. I'm not sure where you got that idea.

Not sure what that's supposed to mean. I asked a question because your post was silent about whether you had signed the contract. I didn't get an idea one way or the other.

 

[quincy]

richmaxw probably would not be here asking about the type of deed if he had already signed a contract.

 

[adjusterjack]

The realtor agreed to provide me a general warranty deed. So, I believe that should solve any issues. Thanks for your "help."

Oh, good. The realtor is giving you legal advice that only an attorney should be giving you. Good luck with that.

 

[quincy]

Oh, good. The realtor is giving you legal advice that only an attorney should be giving you. Good luck with that.

The type of deed is not a decision made by a realtor but by the grantor.