Legal Question in Real Estate Law in California

what's the difference between reconveyance without warranty and a reconveyance with warranty after a second refinance


Asked on 9/09/09, 11:21 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think it has to do with the lender or trustee wanting to be careful to reconvey only one of two or more deeds of trust, perhaps when both notes are held by the same lender/beneficiary. Some reconveyances do contain the words "without warranty." There is an old case discussing this situation, Duncan v. Wolfer (1922) 60 Cal.App. 120.

Understanding the distinction between with and without warranty is probably helped by understanding that deeds (other than quitclaims) in California generally have two warranties associated with them: (1) that the grantor has not previously conveyed the interest being granted to anyone else; and (2) that the grantor has not encumbered the property during its ownership, except as fully disclosed to the grantee. Where the trustee or lender may have created, or hold, other liens on the property, it probably feels a necessity to reconvey without warranty.

This is partially guesswork on my part, as I could not find much on the subject in standard references. A title company attorney might be able to explain in more detail.

Read more
Answered on 9/09/09, 12:49 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California