Warranty Deed Without Quiet Title Action

[Marc M.]

Hi Folks,

I purchased a pair of vacant lots in a county tax foreclosure sale last fall. I have bought property through this county before, and had no problems with title (the county quitclaims title, but I was still able to get title insurance after submitting the foreclosure package to the title company to review). With the vacant lots, I have an interested buyer but they want a warranty deed. The first title company we went to won't offer a policy and wants to see the title quieted first. I'm waiting to hear back from another title company...and fingers are crossed. But here is the question: can I truly offer a warranty deed without taking on a lot of liability? As the seller, I will not be named in the buyer's title insurance policy (assuming we get the title to a point where it is insurable...by either quieting the title or finding a more risk-tolerant title company). By offering a warranty deed, I am implying a warranty even I don't know the condition of title. The fact that it went through a county foreclosure is usually a safe bet that its clean even if the title needs to be quieted to make it 'squeaky clean'. 

Assuming we can find a title company write a policy, should I still offer a warranty deed if the title is never quieted?

Best,
Marc