Posted on August 14, 2010.
What is the difference between a title and warranty deed? My husband and myself just bought our first house. My name is inscribed on the title, but not on the security deed. In fact, they had only act as a guarantee, but it corrected. Should I worry that my name does not appear on the warranty deed?
The act is a physical document. Title is an abstract concept related to property rights. Having the title is essentially having rights to property. Title insurance is like any other insurance, except that it is the assurance that you continue to have rights to property. So I guess what your name is on is actually a title insurance policy. Your name can not be on the title because the title is a concept or a group of rights, not a piece of paper.
An act can help build the case for the title but not the title. I could do an act to make your home right now at your county courthouse and have it registered. It would be wrong, it would not grant me any rights and would not help me to take the title (or take rights) on property.
If you are worried about not being on the act you can have your husband waiver (using a Quit Claim Deed) his rights to both of you. So, it is the grantor and you are both beneficiaries. If the correction has been made and registered you probably have nothing to fear.