Michigan Warranty Deed

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What Is a Michigan Warranty Deed?

A Michigan warranty deed is a legal document used to transfer real estate ownership from a grantor (seller) to a grantee (buyer) with the highest level of protection. It includes a full guarantee that the grantor holds clear title to the property, has the right to sell it, and that the property is free of undisclosed liens, mortgages, or other encumbrances. If a title issue arises later, the grantor is legally liable to defend the title and compensate the grantee.

When to Use a Warranty Deed in Michigan

Warranty deeds are the standard instrument for formal real estate transactions. Common scenarios include:

  • Buying or selling residential or commercial property on the open market.
  • Transactions involving a title insurance company and mortgage lender, which almost always require a warranty deed.
  • Transfers where the buyer wants maximum legal assurance against past title defects or ownership claims.

Michigan Requirements for Warranty Deeds

  • Signing: The grantor must sign the deed.
  • Notarization: The grantor's signature must be acknowledged before a notary public.
  • Witnesses: Michigan requires 0 witnesses to sign the deed.
  • Recording: Record the deed at the County Register of Deeds in the county where the property sits.
  • Transfer Tax / Recording Fees: Michigan transfer tax is State ($3.75/$500) + county ($0.55-$0.75/$500). Recording fees apply.
  • Legal Description: A formal legal description must be included.

Warranty Deed vs Quitclaim Deed in Michigan

A warranty deed provides the grantee with a legal guarantee of a clear title and holds the grantor liable for any undisclosed title issues. A quitclaim deed, however, offers no such warranties; it simply transfers whatever interest the grantor has at that moment. Warranty deeds are for standard sales, while quitclaim deeds are usually for transfers between trusted parties or family members.

Frequently Asked Questions

Does a warranty deed prove I own the property in Michigan?

Yes, a recorded warranty deed is the standard legal proof of ownership. It shows that the property was transferred to you with full guarantees of clear title.

Do I need title insurance if I have a warranty deed?

Yes, it is highly recommended. While the warranty deed gives you the right to sue the grantor for title defects, title insurance ensures you have financial backing and legal defense without having to track down the grantor.

Where do I record a Michigan warranty deed?

Deeds are recorded at the local County Register of Deeds for the county where the property is located.

What does it mean to "warrant and defend" the title?

It means the grantor promises to protect the grantee against any legal claims to the property that originated before the grantee took ownership, and to pay for the legal costs if such claims arise.

Who pays the transfer tax on a warranty deed in Michigan?

The transfer tax is State ($3.75/$500) + county ($0.55-$0.75/$500). The responsibility for paying this tax is typically negotiated in the purchase agreement, though local custom often dictates whether the buyer or seller pays.