Self Help Documentation

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Bargain and Sale Deed

A buyer gets no protection from encumbrances whatsoever with a bargain and sale deed. This deed merely states that the grantor holds title to the property, but it doesn’t assert that it’s also free of liens. The grantee could be in trouble if title defects appear at a later date because the deed doesn’t guarantee good title. The grantee would therefore have no legal recourse.

This type of deed has very specialized uses. It’s most frequently found in tax sales and foreclosure actions when the history of a property might be a bit murky. The current owner is typically the lender or a taxing authority and doesn’t know the property’s history either the last owner or at any time prior to then. 

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