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When you purchase a home in Illinois, the deed facilitates the crucial process of transfer of property ownership from the seller to the buyer. Once completed, This substantial document culminates in recording the deed for your new house. 

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Understanding what a house deed is, the various types of deeds, and which one you might encounter when buying a home is crucial. It empowers you with the knowledge to make informed decisions in your homebuying journey.  

What Is a Deed?  

A deed is a written document that transfers property ownership from the seller (grantor) to the buyer (grantee). House deeds are significant because they establish who legally owns a property.  

When a home is sold, the grantor provides the house deed to the grantee, who typically conducts a title search to ensure the property is free of liens. The deed is then notarized and recorded as a public document with the county’s official records office where the property is located.  

Deed vs. House Title  

It’s easy to get confused between a ‘Deed’ and a ‘title’, both of which are crucial in property ownership for residents of Illinois. A deed is a tangible, legal document, while a title signifies your ownership rights to the property. When you buy a home, the deed transfers these rights from the seller to you, the buyer, so you hold title to the property.  

What Does a Deed Look Like?  

A deed is a physical document, but no standard format is used in every real estate transaction. And the appearance of a deed varies, depending on the state.  

What Information Does a Deed Include?  

A deed is signed and notarized, but its details vary by state. Generally, most property deeds include the following information:   

• Names of the grantor and grantee  
• A legal description of the property  
• Words of conveyance (granting clause) that transfers ownership to the grantee  
• A consideration clause stating what the grantor received in exchange for the property  
• The grantor’s signature  

General Warranty Deed  

A general warranty deed, a commonly used type, offers significant protection to the buyer. It ensures that the property is free of liens, encumbrances, or debts, providing the buyer with full legal ownership and security. If any title defects are discovered later, the buyer can seek damages from the seller, who is also responsible for resolving any pre-existing encumbrances.  

What Does a General Warranty Deed Cover?  

A general warranty deed typically includes several covenants, such as:  

Right to convey: The grantor can legally sell the property.  

Seisin: The grantor holds legal ownership.  

Against encumbrances: The grantor has disclosed all known encumbrances.  

Quiet enjoyment: The buyer won’t lose possession due to claims from others.  

Warranty: The grantor will protect the property against future claims.  

Further assurances: The grantor will address any issues with the title.  

Special Warranty Deed  

They are also known as a limited warranty deed; a special warranty deed offers some protection to the buyer but only for issues that arose during the seller’s ownership. This type of deed is often used in cases where the seller may not have full knowledge of the property’s history, such as in commercial property sales, estate sales, or foreclosures.  

What Does a Special Warranty Deed Cover?    

A special warranty deed covers only the period during which the grantor owned the property. If any title issues occurred before the grantor’s ownership, the buyer cannot seek damages from the grantor.  

Quitclaim Deed  

A quitclaim deed transfers property ownership with minimal protection for the buyer. It is often used when transferring property between family members or to correct errors in a title.    

What Does a Quitclaim Deed Cover?  

 A quitclaim deed offers no guarantees regarding title defects. The grantee assumes responsibility for any issues that arise after the transfer.  

Special Purpose Deed  

 Special purpose deeds, like quitclaim deeds, are used in legal or official contexts and provide little protection to the buyer. There are various particular purpose deeds, each serving a specific function.  

Types of Special Purpose Deeds  

Some of the most common particular purpose deeds include:  

Sheriff’s deed: Used to transfer property ownership after a sheriff’s sale.  

Tax deed: Used when property is transferred to a government entity due to unpaid taxes.  

Deed in lieu of foreclosure: A homeowner transfers ownership to a lender to avoid foreclosure.  

Executor’s deed: Used by an estate executor to transfer property according to a will.  

Administrator’s deed: Used when someone dies without a will, and the court appoints an administrator.  

How To Get a House Deed When Buying a Home  

You should receive a copy of your house deed at closing when the title is officially transferred. You can also request additional copies from your county’s records office anytime.  

Can You Make Changes to Your House Deed?  

A real estate attorney can provide expert guidance if you need to update your deed, such as adding or removing a person, changing your name, or correcting an error. Their knowledge and experience can help ensure that any changes to your deed are made correctly and in accordance with the law, providing you with peace of mind.  

 The Bottom Line: Deeds Transfer Property Ownership  

A deed is an essential legal document that transfers property ownership from the seller to the buyer. Different types of deeds offer varying levels of protection, so it is critical to understand the options when buying a home.  

Are you seeking help with any real estate issues? Gardi, Haught, Fischer, and Bhosale, Ltd., are at your service. Contact one of our real estate attorneys today to schedule a complimentary consultation. Call us at 847-944-9400 or use the form below to reach out.  

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