Q: purchasing a performing note. title was conveyed by Fannie Mae to current note holder as a covenant deed.
Is a covenant deed fee simple? or can a convent deed be converted to warranty deed?
A: The difference between a warranty deed and a covenant deed is the inclusion of a warranty of title. That single difference does not alter the estate conveyed. Most conveyances in Michigan convey fee simple title.
A:
Mr Morris has explained the difference, but didn't specifically state it: you don't 'convert' a covenant deed to a warranty deed.
If the prior owner 'only' got a covenant deed, they CAN provide a warranty deed to a future buyer, but they are taking on a larger obligation than if they had obtained a warranty deed themselves.
In ANY case Title Insurance and a thorough title search (done in conjunction with issuance of a title insurance policy) are critical. AS IS THE REVIEW of the paperwork by an experienced real estate attorney. Seek out qualified local legal help. MANY times the title insurance is essentially worthless because of the 'exceptions' .... an attorney can provide you guidance with that!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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