What is a Special Warranty Deed Form?
A Special Warranty Deed Form is a legal document used in real estate transactions to transfer property ownership. Unlike a General Warranty Deed, which guarantees the property’s title against any defects, a Special Warranty Deed only warrants against defects that occurred during the seller’s ownership. It provides a limited but specific assurance of the property’s title, offering protection to the buyer for the duration of the seller’s ownership period.
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5 Tips For Writing a a Special Warranty Deed Form
Clearly Identify the Parties
Begin the deed by clearly identifying the parties involved – the grantor (seller) and the grantee (buyer). Include their full legal names, addresses, and any other pertinent information.
Accurate Property Description
Provide a detailed and accurate description of the property being transferred. Include information such as the legal description, street address, parcel number, and any other relevant details that uniquely identify the property.
Specify the Warranty
Clearly state that the deed is a Special Warranty Deed and explicitly outline the scope of the warranty. Specify that the grantor guarantees the title only against defects arising during their period of ownership. Use clear and unambiguous language to avoid any misunderstandings.
Include Consideration and Granting Clause
Include a section that outlines the consideration for the transfer of the property. This is typically the purchase price paid by the grantee. Also, include a granting clause, which explicitly states that the grantor is conveying the property to the grantee.
Notarization and Recording Information
Ensure that the deed includes space for notarization. The grantor should sign the deed in the presence of a notary public, who will then acknowledge the signature. Additionally, provide information about the recording of the deed, including the recording office, date, and other relevant details. Recording the deed is essential for legal purposes and to establish a public record of the property transfer.
Here’s a list of steps on how to write a Special Warranty Deed Form
Step 1. Download the Warranty Form
Access the General Warranty Deed Form on this page and choose your preferred format: PDF, Microsoft Word, or Open Document Text. Click the corresponding button on the right, then edit it online or print for manual completion.
Step 2. Provide Preparer Information
Fill in the “Prepared By” section in the upper right corner with the preparer’s full name and address. Anyone can prepare the document on behalf of the Grantor with their agreement and signature.
Step 3. Specify Future Recipients
In the “After Recording Return To” section, enter the name and mailing address for official correspondence after recording the document.
Step 4. Provide Requested Information
Under “General Warranty Deed,” input details about the property and parties involved. Include state and county, dollar sum received, Grantor’s and Grantee’s details, and property description.
Step 5. Grantor Signature Requirement
On the second page, the Grantor should sign, witnessed by two others and a notary public. Witnesses sign under “In Witness Whereof,” and the notary completes the notarization section on the last page.
Where to Record:
Follow state laws, record the form at the Registry of Deeds, or another office, adhering to deed recording laws in your state (refer to the provided table for specific location and laws).
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