Definition Descrepancy?
I came across a definition in Black's Law Dictionary (5th edition, 7th reprint that I purchased new in 1985) that I've been told is incorrect. I contacted BLD, but have had no response to my inquiry. Any suggestions?
The definition in question is for Special Warranty Deed. Black's Law advises that in some jurisdictions, a SWD is called a Quit Claim Deed.
This came under fire, my credibility questioned, and I'm at a loss. I didn't attend law school, but I know how to read. Is it possible that 1) they are wrong, and 2) BLD issued a retraction/revision but I never got it?[ Edited by TheShortSalePro on Date 12/05/2003 ]
I agree with you, and I checked the pocket edition of Gilbert Law Dictionary. that I keep in my briefcase...
It defines Special Warranty Deed:
"A deed in which the Grantor of Real Property agrees to defend and protect the grantee's interest in and title to the property against all claims that arise out of the grantor's interest in the property".
And here's it's definition of a QC Deed:
"Deed by which the Grantor releases all his interest in property by passing any interest, claim or title in the property which he has. The Grantor makes no warranties or covenants for title in a
QC Deed. The deed on\ly purports to convey such title as the Grantor has."
Not exactly identical meanings are they?
I was hoping that Black's was partially correct... making reference to an obscure meaning... or at least identify in WHICH jurisdictions the SWD was called a QCD.
I just had this conversation with my title company. They said (in Oregon) that the Warranty Deed gives full warranty. The Special Warranty Deed would give selective warranties, but not complete and the QCD only transfers ownership with no warranties.
Now to top it off they just closed a property (SS) for me that has a cloud on the title and we used a Warranty Deed. Makes my head hurt just thinking about it.