Notary Signing Agent Document FAQ: General Warranty Deeds

Warranty deed documents on the table — Click to expand.

Updated 12-6-23. Notary Signing Agents deal with a wide variety of different loan documents during assignments. Some documents require notarization; others have special instructions Signing Agents must follow. In this article, we answer common questions about General Warranty Deeds.

What is a General Warranty Deed?

A General Warranty Deed conveys real property in most U.S. states. A General Warranty Deed not only conveys a grantor’s interests and title to a property, but also warrants that if the title is defective or has a “cloud” over it (such as a bankruptcy, tax lien, mortgage claim, or unknown easement), the grantee may hold the grantor liable.

What else does a General Warranty Deed do?

A General Warranty Deed also typically provides the following guarantees:

The title has no encumbrances other than those expressly stated in the deed.
If any title defects are subsequently found, the grantor agrees to correct those defects, within reason.
No other person or party has a superior claim to the property than the grantee.
The grantor has “seisin” (a term that means actual ownership of the property) and the legal right to convey that ownership.
The grantor agrees that if in the future the title is challenged, the grantor will pay the expenses required to defend the title against challenge.

Does a General Warranty Deed require notarization?

Yes. In almost all cases, signatures on a General Warranty Deed require acknowledgment before a Notary Public or other officer authorized to perform acknowledgments. A few states allow a proof of execution by subscribing witness when the principal grantor is unable to personally appear before a Notary. The absence of an acknowledgment or proof may prevent a General Warranty Deed from being recorded in the land records and invalidate the deed.

David Thun is the Assistant Managing Editor at the National Notary Association.

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Additional Resources:

The Notary Signing Agent’s Loan Documents Sourcebook

50 Comments

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fl33301fortlauderdale@yahoo.com

19 Dec 2024

I wanted to point out that you show examples of documents from a mortgage loan closing, However I did not see an example of one of the most critical documents (forgive me if I may have overlooked this). The "Mortgage" also known as "Deed of Trust", "Security Instrument", and depending on if the subject property is a "primary", "second home" and or a "Investment property". I bring this up as the "Warranty Deed" should reflect who also will be on the "Title Commitment/Final Title Policy, whose names are going to be on/and signed by said name(s) on the "Mortgage". Depending on the property type, there is the question who can and cannot be added to a "mortgage". example: purchase of a second home and a Investment property in Florida, if married the spouse does not have to sign (not rights for spouse if not on the loan application.

Thomas Stefani

11 Oct 2024

Good day. All entireties of this correspondence, State of Oregon, both parents of elder age as well, father passage 7/2003, mother 3/2022. Notary bringing questions, are of a warranty deed discovered 38 months ago, supossive conveyance dated late 2001. Note: Owners of property prior to my parents provided a handwritten satisfaction to land contract, ‘paid in full’ to my parents in mid 9/2001, transparenting 79 payments made by my parents, 40 by my uncle, deed hand delivered to my mother, discovered 4 months after mother’s passing, non-notarized, non-recorded. As personal representative to the estate of my late parents, I was informed a property conjecture existed by my last surviving parent (mother), less than a year before her passing, to the specific of monies still owed for property still currently occupied by my uncle (her younger brother). County Records I then immediately reviewed produced, unknown to me till that moment, a warranty deed of primitive creation, supportively conveying transfer of ownership, from parents to the uncle, adamantly denied by my mother, signatures of both grantor parents bring high questions to authentic. Father’s power of attorney to mother 10 months later, dying soon after conditions of mesothelioma(COPD and strokes), his last two known signatures of SHARP contrast. Question 1: To what degree of unintentional error is allowed to the Notorizing Agent executing their State of Oregon procedure ‘stamping’ of this warranty deed? This particular stamp ‘bounced’” due to overly exercised effort, as it appears, or suggestive to tampering, after closer eexaminations of notary instruments display oddities suggesting digital manipulation and/or mutilation. Question 2: Sequencial protocol, as to my understanding, is that the placement of the notarizing instruments should suggest, the grantor’s signature(s) are the latter. Or am I of incorrect perception? This warranty deed being of only 1 page, as well as a ‘shady’ creation displayed by its contextual horizontal unparallelism and templated incongruencies, has grantors signatures located above notary instrument, and its distance away from notary instrument lend to question if signatures are of notary instrument. Your answers, directions to further assistance, and tolerance to my opinions are greatly appreciated. Thank you. Tom

National Notary Association

Hello. We apologize, but we cannot perform forensic analysis of a document and cannot make a determination if the document you describe was tampered with or not. If you suspect a fraudulent transaction, you would need to contact the appropriate local law enforcement agency to investigate. Alternately, you may wish to contact a qualified attorney to request a review of the documents and give you a professional legal opinion if there are any improprieties or invalidating errors.

Alix

16 May 2024

I’m in Arizona, are warranty deeds something that a general notary public can do, or are is it something only loan signing agents can do. Also, when it comes to any type of deeds, is that GNW or LSA work?

08 Nov 2024

A Notary Public can notarize any type of deed in Arizona. Being a Notary Signing agent (NSA) or loan signing agent (LSA) is not required. The NSA and LSA are professional designations to show lenders and escrow companies that a Notary Public has had a comprehensive background check, additional insurance and is trained to handle other aspects of the loan package besides notarization.

Teresa Lopez

26 Apr 2024

I am in AZ (Maricopa County) I see that your most cost-efficient packet to become a signing Agent is $99, my question is; does that include the NNA membership? or is the NSA it's own membership or replace the NNA?

28 May 2024

Hi Teresa. The NNA Membership is an add-on item that can be purchased in addition to your Signing Agent package. It is not an included item in any NSA package.

Vicky

17 Apr 2024

I am NNA certified and I would like to become an NSA. Will I need to pay for the renewal of NNA then pay to become an NSA? And is training for Texas based and how much? Thanks.

25 Apr 2024

Hello. Please see here for more information: https://www.nationalnotary.org/texas/signing-agent

jakithemoblienotary@yahoo.com

18 Jan 2024

Is it standard practice to pay to signing agent work?

19 Jan 2024

Hello. To help us answer your question, can you please provide more details on what you mean by "pay to signing agent work?"

Mirta

28 Sep 2023

I have a copy of my warranty deed from 2004 ...am just learning acknowledgement and acceptance... didn't know this back then am still in the property I purchased 2004 .. the property is in Florida.. I was told upon learning this is have to get a certified copy from the recorders office ..then do a acceptance of acknowledgement....am calling the hotline you provided...is it a good idea to start with obtaining a certified copy from my county recorder office...

29 Sep 2023

Hello. Any legal questions about your property would need to be answered by a qualified attorney.

Paul Crews

11 Sep 2023

I am doing some homework as I am newly retired and looking for another stream of income as I am only 53 and have many years to offer in the labor force. I am based out of the Sacramento area of California. I understand that the state has a set fee for services as a Notary. What I don't know is, what that fee is and the differences when it's a real estate notary where there are many papers to sign and just one or two pages. If there is a way to know how the fee structure is when it's a large packet verses one or two papers, I think I can get an idea what I could expect to earn in a given month or year. Thank you, Paul Crews

15 Sep 2023

Hello. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2019/01/difference-mobile-notary-signing-agent Please see here for information on CA's Notary fee schedule: https://www.nationalnotary.org/knowledge-center/about-notaries/notary-fees-by-state

Reina Nunez

26 Aug 2023

Are there any good sample introduction letters for marketing oneself to contracting lenders/escrow companies for newly and inexperienced signing agents? It's easier to write once you have many signings under your belt but harder when you're just starting. Any advice??? Thank you in advance.

Meghan Cummings

24 Aug 2023

How do we know if the Warranty Deed needs a witness or not?

29 Aug 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Carrie

07 Aug 2023

How can I verify if the notary stamp and signature on a deed is valid or was previous signed and stamped blank deed? Do notaries keep a log of each document the notarize? If a deed (1A) is notarized and filed with the county clerks office to transfer title(1B), then years later first deed (1A) is resubmitted to clerks office is that notary still considered valid and current to transfer title back? Thanks

Hello. To help us answer your question, can you please tell us what state you are located in?

Is this legal? The grantee/ live in girlfriend is also the notary, the grantor/ live in boyfriend is also her boss. The grantee notarizes the grantors signature and gets another notary to notarize the grantee's signature. Also can a blank deed be pre-notarized and photo copied for future use? Notary/live in girlfriend and employee notarized live in boyfriend/bosses deeds/notice of escrow. Notary marries boss 10 years later, boss/husband dies leaving retired notary/widow and heirs from previous marriage. Escrow goes into default, does widow get property that she was notary of? Looking forward to your answers, and these acts plus numerous more took place from the late 1980's to current.

Hello. Based on what you described, we recommend you speak to an attorney who can answer legal questions and offer you legal options for your situation.

Tammy

05 Jun 2023

In Texas, can a title Lawrence refuse to file a valid notarized general warranty deed once signed by all parties?

07 Jun 2023

Hello. We're sorry, but your question is not clear. Can you please re-post or rephrase it?

Carrie Wagner

08 May 2023

Notice of Escrow, Grantor is single, notary resides with Grantor, 10 years later the property is returned to Grantor, whom is deceased and was married to notary. Is the returned property now community? Was the notice of escrow legal to begin with due to notary? or currently would it be legal since the widower is also the notary?

Hello. We're sorry, but these are legal questions that would need to be answered by a qualified attorney.

Carlisa M StJohn Brooks

24 Feb 2023

How much can you charge for General warranty deeds

Hello. Maximum fee schedules for Notaries are set by state law and the type of notarization performed, not by document type. If you can tell us what state you are commissioned in, we can provide you with more information on your state's fee schedule.

cathy_k@sbcglobal.net

22 Feb 2023

Hi, I've been asked to notarize a General Warranty Deed for property in Ohio. The signors are here in California. I plan to attach the CA Notary Acknowledgement to the document. May I line through the notary language that appears below the signatures or just ignore?

27 Feb 2023

Hello. The signers may wish to contact the agency that will receive the documents to ask if lining through the unused Notary language will cause any issues.

dsmith@countrygirlclosings.com

07 Feb 2023

Looking for the exam for my signing agent exam. Can you advise. Thanks

08 Feb 2023

Hello. If you are taking an NNA exam, please contact our Customer Care team at services@nationalnotary.org and they should be able to assist you.

Mary Garcia

27 Dec 2022

Hello Can you please share a video with an example on how to notarize docuements with a Power of Attorney/Attornye in Fact? Thank you

28 Dec 2022

Hello. Here is a link to our video "How to notarize a power of attorney": https://www.youtube.com/watch?v=u4apu0ffrDQ&t=33s

Joyce Leak

19 Nov 2021

On a Warranty Deed, is the notary required to fill out the Verified by section at the top?

Beatrice Ferrell

06 Oct 2021

this is the email uses all time thank you.

msexton207@yahoo.com

13 Jul 2021

i am considering taking this course. If a grantor has a general warranty deed and conveys it to another person he, the grantor) is responsible for any claims made against the property. Did I miss understand? Does this take place of title insurance?

21 Jul 2021

Denise

15 Apr 2021

In the State of Indiana, signing agents have to have a Title Producer License to conduct a closing. I have received calls from my advertising pages to have a Warranty Deed signed. My question is, for notaries who do not have a Title Producer License notarize a Warranty Deed/Quit Claim Deed (or other Deed) in Indiana? Sometimes I receive random calls from the public to do these documents. Some even say that Title Co. tells them to find a notary to do these documents.

19 May 2021

Vandana

03 Feb 2021

Thanks for the information.

Holly Miklasz

28 Jan 2021

Please let me understand why you keep sending me information about testing for renewal, when I have already gone to the class and passed the test. Please tell me why you are e-mailing me to let me know that my E&O insurance is expiring, when I signed up for this and paid for this before taking the test? When will I get all of my information from the Sec. of State. My commission is up on 03/17/2021. Thank you.

29 Jan 2021

Hi Holly. We apologize for any inconvenience or confusion. We've forwarded your concerns and question to our Customer Care team and asked a representative to contact you to help you with your issues.

Julio montes

I need report at fraudelen paperwork notary were I do

JULIETA Jones

27 Jan 2021

thank you for the information

Proforma Notary

26 Jan 2021

this article is very timely since a General Warranty Deed is included in my upcoming signing for the first time. I was able to glean the purpose of it from thoroughly reading the form. I was initially confused on why a packet had 2 Deeds. You truly never stop learning in this business.

Beatrice O Ferrell

25 Jan 2021

NNA1D#16006

Angela Moore

Do you have a attach a certificate to a Warranty Deed?

02 Feb 2021

Hello. Yes, if there no Notary wording on the document, or if the Notary wording is insufficient for your state.

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What is a General Warranty Deed?

What else does a General Warranty Deed do?

Does a General Warranty Deed require notarization?

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