Types of Deeds in Tennessee — And Why Quitclaim Deeds Aren’t Worth the Paper They’re Written On
Most folks in Tennessee own property long before they ever hear terms like “Warranty Deed” or “Quitclaim Deed.” The truth is, most people don’t know what each type of deed actually does or why it exists. And that’s not their fault—nobody teaches this stuff in school.
So let’s break it down in plain Tennessee language.
Note: I am not an attorney, title agent, or surveyor. I’m a Tennessee Realtor® and Auctioneer who works closely with all of those professionals. When in doubt, consult one of them before signing anything.
What Is a Deed? (And What It’s Not)
A deed is a legal document that transfers ownership of real estate.
It does not deal with loans, mortgages, or debt.
Ownership and debt run on two different tracks entirely—and this is where most people get into trouble.
Warranty Deed (General Warranty)
This is the gold standard in Tennessee real estate.
A Warranty Deed guarantees:
The seller owns the property
They have the right to sell it
There are no hidden liens or claims
And if something pops up from the past, the seller will defend the buyer
Lenders like it.
Buyers want it.
Title companies sleep better at night because of it.
Special Warranty Deed
A Special Warranty Deed gives a limited guarantee.
It only promises this:
“No issues happened while I owned the property.”
If a problem existed before the current owner bought it, you’re on your own.
Builders and new construction homes commonly use this deed.
Quitclaim Deed (Often Miscalled “Quick Claim”)
Now we get to the deed that causes the most headaches.
A Quitclaim Deed transfers whatever interest a person has in a property…
even if that interest is absolutely nothing.
There are:
No guarantees
No warranties
No protection
It simply says:
“If I own anything, you can have it.”
This is why quitclaims are often used between family members, divorces, or to add/remove someone from title.
But they get misused—and misunderstood—all the time.
A Real Tennessee Example (I See This Constantly)
A couple divorces.
One spouse signs a Quitclaim Deed giving up their interest in the home.
They think:
“I’m off the house.”
“I’m not responsible anymore.”
“It’s not my problem.”
But here’s the truth:
A Quitclaim does NOT remove you from the mortgage.
You could lose:
Rights to the property
Access to the property
Control of the property
…and still be fully responsible for the loan.
Result:
No rights.
No equity.
No say.
But all the debt.
This is why I say Quitclaim Deeds often aren’t worth the paper they’re written on.
They have a narrow purpose—but they get thrown around like a fix-all. They aren’t.
Executor or Administrator’s Deed (Estate Property)
When someone passes away, the executor transfers property out of the estate using an Executor or Administrator Deed.
These deeds usually offer no warranties, because the executor didn’t live on or own the property—they’re just handling the estate.
Common in:
Probate
Estate auctions
Inherited land or homes
Family settlements
Trustee’s Deed (Foreclosure Sales)
If a home goes to foreclosure, a Trustee’s Deed is issued to the buyer.
These deeds also come without warranties, and title insurance becomes extremely important here.
Tax Deed (Property Sold for Unpaid Taxes)
Tax Sale Deeds have the most risk.
Expect possible:
Old liens
Clouds on title
Breaks in ownership history
Redemption periods
Expensive legal cleanup
Definitely not beginner-friendly.
Always involve an attorney and title company before touching a tax deed in Tennessee.
How Deeds Work in Auctions
At auction, you’ll typically see:
Warranty Deeds (if the seller can provide one)
Special Warranty Deeds
Executor/Administrator Deeds
Trustee’s Deeds
Auctioneers work with attorneys and title companies to disclose exactly what type of deed comes with the sale so buyers know what they’re getting.
The #1 Misunderstanding in Tennessee Real Estate
Most people believe:
“If my name is off the deed, I’m off the mortgage.”
Not true.
Not close.
Leaving the deed does NOT remove you from the debt.
Only a lender can do that—usually through:
A refinance
A formal loan assumption
A release from liability (rare)
If you sign the loan, the lender wants their money, deed or no deed.
Neighbor-to-Neighbor Advice
If you’re:
Buying
Selling
Inheriting property
Going through a divorce
Settling an estate
Attending an auction
Know exactly what kind of deed you’re signing or receiving.
It can save relationships, money, credit scores, and generational property.
And when in doubt, consult:
An attorney
A title company
A surveyor (for boundary disputes)
And a trusted Realtor® or Auctioneer
who understands how to transfer clean, insurable title.
If You’ve Got Questions, I’m Right Here
I help Tennessee families, sellers, buyers, and agents navigate the hard stuff—
deeds, estates, auctions, probate, inherited property, and rural land.
If you’re unsure what deed you have…
Considering a Quitclaim Deed…
Or want straight, neighbor-to-neighbor advice—
