PSI Virginia Real Estate Practice Exam

Which type of deed is executed without the consent of the owner?

1. Bargain and Sale Deed

2. Quitclaim Deed

3. Court-Order Deeds

4. Special Warranty Deed

The correct answer is: Court-Order Deeds

A Court-Order Deed is executed without the consent of the owner because it is typically issued after a court decision in legal proceedings, such as those involving the divorce of a property owner, foreclosure, or probate matters. In these situations, a court may order the transfer of property rights to satisfy a judgment, settle a deceased person's estate, or carry out other legal directives. This means that the original owner may not have a say in the deed's execution, as it is a result of a legal mandate rather than mutual agreement. In contrast, the other types of deeds listed involve some form of agreement or acknowledgment from the property owner, even if it is minimal. A Bargain and Sale Deed implies a transfer of property but typically does not guarantee clear title, often indicating that the seller had ownership rights to convey. A Quitclaim Deed involves a party relinquishing any claim to the property without further warranties and is usually executed voluntarily by the grantor. A Special Warranty Deed provides a limited guarantee to the buyer, indicating the seller has not encumbered the property during their ownership but does not address any issues prior to their ownership.