FOR ALL FLINT RIDGE LOTS LISTED WITH ARKHOMA REALTY LLC: Seller must currently hold an Oklahoma General Warranty Deed (GWD) that is worded to contain all the required covenants of a GWD...or have a written title opinion on the property showing the title is marketable and is free and clear of any liens and encumbrances. In any case, the seller must be willing to convey title with an Oklahoma General Warranty Deed. No exceptions. (Although it is not required by law, I would HIGHLY ADVISE that when purchasing your lot you insist that your deed be prepared or reviewed by an Attorney who is familiar with Oklahoma real estate law.)
The state of Oklahoma recognizes three kinds of deeds:
1) General Warranty Deed: A general warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to you. The guarantee is not limited to the time the grantor owned the property—it extends back to the property's origins.
Important provisions of a general warranty deed include,
- The grantor states there are no hidden liens or encumbrances on the property. In other words, there are no debts or holds other than those that are obvious in public records.
- The grantor declares that he or she is the owner of the property and has a right to sell it to you.
- The grantor guarantees that if the title ever fails he or she will compensate the grantee (new owner) for any losses. That guaranteee might or might not be helpful, because the grantor may be dead or unable to follow through on the promise if title problems are found in the future.
2) Special Warranty Deed: Guarantees that the seller is entitled to convey title and affirms that no action undertaken during their time as owner has created any outstanding claim on the property (such as an unpaid mortgage or a tax lien). If there is any such liability, the grantor agrees to indemnify the new owner of any arising costs. Unlike a general warranty deed, this form does not guarantee that there will be no claim arising from the actions of an earlier owner.
3) Quit Claim Deed: A deed that transfers, without warranty, whatever interest or title a grantor may have at the time the conveyance is made.
The sale of your lot may be accomplished one of two ways:
1) DEED ONLY SALE
The Seller conveys title with a General Warranty Deed without providing the Buyer with an Abstract of Title or Title Insurance.
2) TITLE INSURED SALE
The Seller must make the Abstract of Title available to the Title Closing Company so the abstract can be brought up to date. If an Abstract of Title does not exist, one must be created by a Title (Abstracting) Company in the county in which the property is located. The Buyer, at Buyer’s expense, may then have an Abstract Examination (Attorney’s Title Opinion), and obtain a Title Insurance Policy, otherwise, referred to as Title Insurance.
If you do not hold a General Warranty Deed and would like to know if your title is clear and marketable, you may contact an Abstract & Title company in the county in which your property is located in order to have them review the title history and write a title opinion. Be sure to get their estimated cost before hiring the work done. Here are the phone numbers for the largest company in each county:
Adair County: East Side Abstract 918-696-7644
Delaware County: Grand River Abstract 918-253-4249