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
• 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.