Deed Covenants and Title Guaranty
Gable Construction conveyed property to Gareth Glover by general warranty deed. After closing Gareth discovered an undisclosed lien. Gareth sued Gable on the warranty covenants that ran with the land.
Also known as: guaranties · guarantee · guarantees · guaranteeing · guaranteed · surety · warranty
Written by attorneys · grounded in primary & secondary sources — see below
A contractual promise by which one party agrees to answer for the debt or default of another if that other fails to perform. The promise is typically made to the obligee and often requires a writing under the statute of frauds.
Gable Construction conveyed property to Gareth Glover by general warranty deed. After closing Gareth discovered an undisclosed lien. Gareth sued Gable on the warranty covenants that ran with the land.
Gateway Bank obtained a guaranty from Gwen Gallagher on a loan to her company. When litigation arose the bank prepared documents anticipating suit. The opposing party sought those materials but the court denied discovery because they were prepared for the surety.
Gustavo Gutierrez leased space from Guardian Insurance. The lease required the landlord to repair a known structural defect that violated the warranty of habitability. After a tenant fell the landlord was held liable because it failed to repair the dangerous condition.
Select any source to read its text and confirm it supports the definition.
George Garcia a civilian was tried by military court while civilian courts remained open. The court held the proceeding invalid because the Constitution guarantees jury trial rights that military tribunals cannot displace.
Giana Greco offered a hearsay statement from a witness about a loan guaranty. The court admitted the statement after finding sufficient guarantees of trustworthiness and corroboration under the residual exception.
Gulfstream Aviation transferred mortgaged property to Greta Goldstein who assumed the debt. The original mortgagor obtained an express release from the mortgagee and was discharged from personal liability under suretyship principles.
Yes. A promise to answer for the debt or default of another must ordinarily be in writing and signed by the guarantor under the statute of frauds.
Supporting sources
A guaranty is a promise to answer for another's obligation while deed warranties are covenants by the grantor concerning title that may run with the land.
Yes. The original obligor may obtain an express release from the mortgagee or rely on suretyship defenses that discharge the guarantor.
Materials prepared in anticipation of litigation by or for a surety are ordinarily protected from discovery unless the opposing party shows substantial need and undue hardship.
…Chief stated that "If the police are required . . . to . . . establish that the defendant was apprised of his constitutional guarantees of silence and legal counsel prior to the uttering of any admission or confession, and that he intelligently waived these guarantees . . . a whole Pandora's box is opened as to under what…