New Hampshire Deeds

There are five types of deeds used in New Hampshire. They are each described below.

• Warranty Deed: A seller executing a deed with “warranty covenants” is warranting

that, “at the time of the delivery of such deed, (1) he was lawfully seized in fee

simple of the granted premises, (2) that the granted premises were free from all

encumbrances, (3) that he had good right to sell and convey the property, and (4) that

he will warrant and defend against any lawful claims. The Warranty Deed affords

the grantee the greatest level of protection against title claims.

• Quitclaim Deed: If a deed contains “quitclaim covenants,” the grantor is asserting

that at the time of the delivery of the deed, the premises were free from all

encumbrances made by him, and that the grantor and his successors will warrant and

defend the same to the grantee and his heirs . Essentially, the grantor is conveying

whatever interest he holds in the described property and warrants against any claims

originating with or through his ownership of the property (except those detailed in

the deed itself).

• Release Deed: A release deed contains no warranties or covenants and is merely a

conveyance of any interest the grantor may have in the described property. This type

of deed affords the grantee the least amount of protection against claims of title or

possession.

• Fiduciary Deed: A fiduciary deed, like a release deed, typically contains no

warranties or covenants of any kind. A fiduciary deed is appropriate where the

signatory is acting in a fiduciary capacity for the seller, for example, an executor of

an estate, a guardian or conservator of an incapacitated individual, or an institutional

trustee signing on behalf of a trust.

• Foreclosure Deed: A foreclosure deed is used when a foreclosing lender conveys a

property to a bona fide purchaser. A foreclosure deed typically has Quitclaim

covenants asserting that the foreclosing lender did not cause any encumbrances but

is not making any representations or warranties regarding the status of the title prior

to the foreclosure. It is critical that a careful title examination is conducted to

confirm that the foreclosure process was handled properly. This includes a careful

analysis of the title records, publication of the auction, and notice to creditors.

About Hudkins Law

Hudkins Law was founded in 2006 by Jacqueline M. Hudkins. The firm provides title and settlement services for

residential and commercial real estate transactions. Each real estate transaction is managed by a team of Attorneys and

Paralegals to guarantee continuous coverage throughout the entire closing process and combines the expertise of Real

Estate, Title, Trust, Estate Planning and Corporate Attorneys to offer competitive flat fee pricing. The firm employs ten

Attorneys and ten paralegals and maintains offices in Concord NH, Hampton, NH, New London NH, Keene, NH,

Windham, NH, Norwich VT, & Andover, MA.

603.434.1770