Deeds recognized under Colorado law include, among other forms, warranty (general and special), quitclaim, confirmation (from a public trustee or sheriff) and personal representative. The use of a deed form may be dictated by circumstance (e.g., a sheriff delivers a confirmation deed pursuant to a judicial foreclosure), or by agreement between grantor and grantee. To the extent that deed form is a choice, the alternatives are distinguished by warranties (i.e., promises, or covenants) made by the grantor to the grantee.
General warranty deeds include the following covenants –
- Seisin – the grantor is the owner of the property and has the authority to sell and convey it;
- Quiet Enjoyment – the grantee will not be disturbed by someone claiming an interest in the property;
- No Encumbrances – title is conveyed free and clear of liens (except as otherwise set forth in the deed);
- Forever Defend – the grantor will bear the expense of defending the grantee’s title against any and all future claims to title.
Special warranty deeds limit the “forever defend” covenant to those persons claiming a title interest by, through or under the grantor.
Quitclaim deeds do not include any warranties and they transfer only the present interest of the grantor, if any (i.e., they do not transfer “after-acquired” title; and if the grantor has no interest, nothing is transferred).
As noted, confirmation deeds are given by sheriffs and are made pursuant to judicial (through the courts) foreclosures. Confirmation deeds given by public trustees are made pursuant to non-judicial foreclosures. Confirmation deeds do not include any warranties. The authority of the grantor is established by statute.
Personal representative’s deeds transfer the property of a deceased person. The authority of the personal representative to act on behalf of the deceased person’s estate is established by court order in the form of Letters of Administration (if the deceased person died intestate), or Letters Testamentary (if the deceased person left a will). Personal representative’s deeds do not include any warranties.