Which of the following is not considered evidence of merchantability of title?

A general warranty deed provides a significant level of assurance about the ownership and transferability of real property. It assures that the seller has clear title to the property, has the right to sell it, and guarantees that the title has no defects or encumbrances, except those expressly disclosed in the deed. However, it does not directly serve as evidence of marketability or merchantability. Merchantability of title refers to the ability to convey a good and indefeasible title that is clear of encumbrances, which can often be substantiated more effectively by documents that directly evidence the title’s condition or by insurance against defects.

In contrast, Torrens title certificates, title insurance policies, and title insurance commitments are more directly linked to the concept of merchantability of title. The Torrens system specifically provides a state-backed guarantee of title, which classifies it as strong evidence of merchantability. Title insurance policies protect against losses from defects not covered by the deed, thus also serving as evidence of marketability. A title insurance commitment outlines the conditions under which a title insurance policy will be issued, including any issues that could affect merchantability.