Choosing the wrong deed can leave you exposed long after closing. If you are buying or selling in Sewickley, the deed you choose shapes your protections and responsibilities. In this guide, you will learn how Pennsylvania’s three common deed types work, how they interact with title insurance, and what to expect at an Allegheny County closing. Let’s dive in.
Deed basics in Pennsylvania
A deed is the legal document that transfers ownership from the seller to the buyer. Recording the deed with Allegheny County protects your ownership against later claims. Different deed types include different seller promises, which affects your options if a title issue surfaces.
Two safeguards work together at closing. The deed provides warranties from the seller, and title insurance protects buyers and lenders against many hidden or past title defects. You should understand both before you sign.
General warranty deed
A general warranty deed gives the buyer the broadest protection. The seller promises they own and can convey the property, that title is free of undisclosed encumbrances, and that they will defend the title against lawful claims from any time in the property’s history. These covenants typically include seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances.
This deed offers the strongest deed-based protection because it covers title defects that existed before the seller owned the home. If a defect arises that predates the seller, you may have a direct claim against the seller under the deed covenants, subject to practical limits like time and the seller’s ability to pay. Even with these promises, buyers still rely on title insurance for defense costs and covered losses.
In Sewickley and across Allegheny County, most arms-length residential sales use a general warranty deed. This is especially true when a lender is financing the purchase and expects the broadest deed protection alongside title insurance.
Special warranty deed
A special warranty deed is narrower. The seller only warrants that no title problems were created during their period of ownership. The seller does not promise against defects that started before they owned the property.
This means your deed-based protection is limited to the seller’s time in title. If a preexisting defect appears, you cannot use the deed to pursue the seller for that issue. Lenders may still allow a closing with a special warranty deed if title insurance is issued, but you should review the title commitment carefully.
In Sewickley, special warranty deeds sometimes appear in commercial deals, sales by certain entities, or situations where the seller limits post-closing liability. If you are concerned about older title issues, you can negotiate for a general warranty deed or seek expanded title insurance coverage.
Quitclaim deed
A quitclaim deed conveys whatever interest the grantor has, if any, without any warranties. The seller does not promise they own the property, that they can convey, or that title is clear of encumbrances.
This deed offers no deed-based protection for the buyer. If a title defect surfaces later, your recourse under the deed is essentially none. Your protection would come from the purchase contract and any title insurance you obtained.
Quitclaim deeds are common in intra-family transfers, divorce-related transfers, probate cleanups, or to fix a simple error in the chain of title. They are generally uncommon in financed, arms-length residential sales in Sewickley because buyers and lenders prefer a warranty deed plus title insurance.
Deeds and title insurance
Title insurance is separate from the deed. A lender’s policy protects the lender, and an owner’s policy protects you, the buyer. These policies insure against many covered risks such as forged signatures, recording mistakes, and certain undisclosed liens, subject to policy exceptions and exclusions.
Even if you receive a general warranty deed, an owner’s policy is still a smart choice. The insurer can provide defense and, if covered, pay for loss caused by title defects. If you accept a quitclaim deed, title insurance becomes even more important because you have no warranties to rely on.
Lender expectations in Sewickley
Most mortgage lenders require a lender’s title insurance policy. Many lenders expect a general warranty deed in typical residential transactions. In special cases such as certain estates, short sales, or foreclosures, a special warranty deed or a different deed type may be delivered. Lenders and buyers weigh the deed type, title search results, and the availability of title insurance before proceeding.
Closing steps in Allegheny County
Here is what typically happens with the deed at a Sewickley closing:
- Preparation. The seller’s attorney, title company, or closing attorney prepares the deed with accurate legal description, party names, and the selected deed language.
- Signing and notarization. Pennsylvania requires the seller to sign the deed before a notary. Bring valid identification and any documents your closing agent requests.
- Transfer tax and forms. Transfer tax affidavits or returns are completed at closing. The title company or closing attorney typically prepares and files required county or municipal documents. Amounts and forms vary and should be verified with Allegheny County and Sewickley Borough.
- Recording. The executed deed is recorded with the Allegheny County Recorder of Deeds. Recording gives public notice and protects your priority. Recording fees and indexing requirements are set by the county.
- Post-closing. The owner’s title policy is issued to you and the lender’s policy to your lender. You should receive copies of recorded documents and verify that recording occurred.
Buyer and seller checklists
Seller checklist
- Confirm your deed type and understand the warranties you are giving.
- Provide a clear legal description to the deed preparer.
- Bring proper ID and be prepared to sign before a notary.
Buyer checklist
- Ask which deed type you will receive and include your preference in the offer.
- Obtain an owner’s title insurance policy in addition to the lender’s policy.
- Review the title commitment and exceptions with your closing agent.
- Confirm that recording will occur promptly and request a copy of the recorded deed.
Shared steps
- Use a local title company or closing attorney familiar with Allegheny County practice.
- Verify local transfer tax forms, which party pays, and submission procedures.
- Expect nonstandard deeds for probate, divorce, foreclosure, or tax sale situations, and consult counsel as needed.
When to get local help
Deed selection and title insurance decisions can be negotiated, but they should be made with clear information. A local title company, closing attorney, or the Allegheny County Recorder of Deeds can confirm current recording rules, transfer tax requirements, and forms. If you are planning a Sewickley purchase or sale, a knowledgeable agent can coordinate with trusted title and legal partners so your closing is smooth and fully documented.
If you want a guided, high-touch experience from contract through recording, reach out to Linda Honeywill. Our team can help you understand which deed type fits your situation and connect you with the right local professionals for a confident closing.
FAQs
Which deed is most common in Sewickley home sales?
- Most arms-length residential sales use a general warranty deed, with exceptions for certain estates, foreclosures, or intra-family transfers.
Can a Sewickley buyer insist on a general warranty deed?
- Yes, deed type is negotiable; request it in your purchase agreement and align terms with title insurance coverage.
Do I have protection if I receive a quitclaim deed?
- Not from the deed itself; your protection would come from your contract and any owner’s title insurance policy you obtain.
What if a title defect appears after closing in Sewickley?
- Your remedies may include claims under a general warranty deed and coverage under your title insurance policy, depending on the facts and policy terms.
How do I check the current deed and encumbrances in Allegheny County?
- Request a title search through a local title company or review recorded documents through the county’s recorder of deeds office.
Who prepares and records the deed in Allegheny County?
- The seller’s attorney or the title company usually prepares the deed, and the title company or closing attorney records it at or after closing.
Are there local forms or taxes unique to Allegheny County closings?
- Deed types are standard, but county-specific transfer tax forms, recording stamps, and indexing rules apply; your closing agent will prepare the required paperwork.
