In West Virginia, a deed form is a document that allows the transfer of property from the grantor (seller) to the grantee (buyer).
West Virginia deed forms must follow specific guidelines as explained in the West Virginia Code for a clerk to accept the deed. After acceptance, a clerk adds the deed to the county documents.
West Virginia General Warranty Deed
A general warranty deed is a document that authorizes the sale of a property from one party to another. A general warranty is the most protection that a buyer can get and ensures a clean title from the seller.
In West Virginia, a general warranty deed must contain the phrase “with general warranty” for the seller to grant the deed as such.
A West Virginia quitclaim deed transfers the ownership interest of a property from one party to another. This deed does not guarantee that the title is free of encumbrances, and the buyer does not know whether the seller has the legal right to sell the property.
People usually use quitclaims to transfer property to a relative or as part of a divorce settlement.
A West Virginia special warranty deed provides the buyer with a limited warranty of title. The seller guarantees that they have done nothing to cause any title problems but does not guarantee that issues had not occurred before the seller acquired the property.
A West Virginia deed of trust is a document that conveys a property’s title to a neutral party (trustee) to secure a loan. The trustee or lender can take action against any person for damages. If there is a “Power of Sale” clause, foreclosure can happen without the court involved.
In West Virginia, a deed of trust is the most common method people use to secure a loan.
From transferring to creating a deed, you need to know the West Virginia laws required to ensure you are preparing your deed correctly.