Title Deeds

Washington Title, Deeds, and Recording ## Deed Types in Washington A deed is the instrument used to transfer ownership of real property. Different deeds provide different levels of title protection (warranty) for the buyer (grantee). Statutory Warranty Deed (General Warranty Deed): Washington's standard residential deed. RCW 64.04.030 creates a "statutory warranty deed" that implies standard covenants of warranty by operation of law when the deed uses the words "conveys and warrants." The grantor warrants title against ALL claims, regardless of when those claims arose — including defects that predate the grantor's ownership. This is the broadest protection and is standard in most residential transactions. Special Warranty Deed (Limited Warranty Deed): The grantor warrants title only against claims arising DURING the grantor's period of ownership, not against pre-existing defects. Common in foreclosure sales, estate sales, and commercial transactions where the grantor has limited knowledge of the full title history. Bargain and Sale Deed: Conveys the grantor's interest without any warranty of title. The grantor is saying "I deed you whatever I have" but makes no promise about quality. Common in foreclosure sales, estate sales, and inter-entity transfers. Quitclaim Deed: Conveys whatever interest the grantor has (which may be zero) with no warranties. Used primarily to clear clouds on title — resolving disputed interests, removing a former spouse from title, correcting errors. Does not guarantee the grantor has any interest at all. ## Washington's Race-Notice Recording Act Washington follows the race-notice recording doctrine. Between two competing claimants to the same property, the winner is the party who: 1. Recorded first, AND 2. Paid value WITHOUT notice of the prior competing interest The "notice" component is critical: - Constructive notice: Knowledge imputed…