Updated January 03, 2022
An Arkansas special warranty deed is a type of deed that warrants that the seller has not conveyed his or her interest in the property to another but does not warrant that he or she holds clear title to the property. In other words, it is similar to the quitclaim deed in that seller is selling whatever interest he or she has in the property which could be no interest or total interest, but is guaranteeing that the day before, for instance, they did not transfer that interest (whatever it may be) to another person. As in other cases of conveyance, it is important that a comprehensive title search is completed so that the purchaser understands what he or she is purchasing.
Laws – Title 18 (Property), Chapter 12 – Conveyances
Recording (A.C.A § 14-15-404) – This document must be brought to the Circuit Court Location (Map View) in the county where the property is located.
Signing (A.C.A. §§ 18-12-104, 18-12-201) – Deeds must be signed in the presence of two (2) disinterested witnesses (meaning that they cannot be involved with the transaction) and a Notary Public.
Taxes – According to the Dept. of Finance and Administration the tax rate on any real estate transfer is $3.30 per $1,000, and this amount must be paid and submitted with the Tax Compliance Affidavit before a recording.
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I. Preparer Of Arkansas Document
(1) Preparer Of Arkansas Document. The Individual elected to report information onto this form should identify himself or herself at the beginning of this document with a record of his or her name.
(2) Preparer’s Address. The Preparer of the Arkansas statement below must present his or her mailing address using the space available at the top of the page.
II. Destination Of Filed Paperwork
(3) Recipient Name. Once the Circuit Court where this statement is filed for the record has finished this process, the completed paperwork will be returned to the Party of the Filer’s choosing. For this effect, the name of the Mail Recipient should be dispensed to the second area.
(4) Intended Recipient Address. It is imperative that the Circuit Court is given the correct mailing address where the filed document may be sent. Present the Recipient’s address with his or her name to the available space.
III. Grantor Of Arkansas Real Property Interest
(5) Name Of Arkansas Grantor. The Party currently able to lay a claim or interest on the Arkansas real property and will release such rights to the real property upon this document’s execution should be identified by name. The first space of the statement made will require the name of every Arkansas Grantor who will sign this paperwork to release his or her interest or claim on the concerned real estate.
(6) Grantor Address. The building number and street name or road name where the Arkansas Grantor lives must be recorded. Additionally, any unit number or apartment number needed to find his or her home must also be documented. Supply this street address where the Grantor lives where requested.
(7) County And State Of Grantor’s Address. The home street address should be completed with a record of the County and State where the Arkansas Grantor lives.
IV. Payment Arkansas Real Property Interest Required
(8) Requested Payment To Release Interest. The dollar amount that the Arkansas Grantor has received in order to produce this paperwork (or will receive upon the execution of this document) should be written out in the space preceding the parentheses area then recorded within the parentheses numerically.
V. Grantee Of Arkansas Real Property Interest
(9) Recipient Of Property Interest. The Party who seeks to gain the interest or claim on the property discussed in this paperwork in exchange for the payment amount defined above will be the Arkansas Grantee. Produce the full name of the Arkansas Grantee to this paragraph.
(10) Address of Arkansas Grantee. Furnish the Arkansas Grantee’s street address. This should be the first line of his or her residential address (i.e. building number, street name/number, apartment letter/number) and should be the information needed to locate this residence geographically.
(11) County And State Of Arkansas Grantee. Complete the Arkansas Grantee’s address information by documenting the County and State of his or her home.
VI. Arkansas Real Property Being Released
(12) Arkansas County. The name of the Arkansas County where the Grantor’s real property is found should be furnished to this paperwork.
(13) Arkansas Property Details. The physical address of the Arkansas property as well as its legal description should be furnished to this document. It is imperative that this information be accurate in order for the Grantor’s claim to be properly released to the Grantee.
VII. Grantor Signature Execution
(14) Arkansas Grantor Signature. Once this document is complete and the Arkansas Grantor is ready to formally release his or her interest in the concerned Arkansas real property, he or she must submit his or her signature where requested.
(15) Arkansas Printed Name And Address. The Arkansas Grantor should print his or her name then deliver his or her home address after signing this document.
VIII. Witness Testimonial Signature
(16) Disinterested Witness’s Signature. Only an Adult Witness with no interest in the actions of either the Grantor or Grantee and no interest in the concerned real estate may act to verify that the Grantor has executed the above signature. This testimonial must be provided by the Disinterested Witness signing his or her own name where requested.
(17) Disinterested Witness’s Printed Name.
VIII. Notarization Of Arkansas Grantor Signature
(18) Acknowledgment Of Notary Public. The Arkansas Grantor will also need a Notary Public present when he or she signs this document. Once the Notary is satisfied with the signature process he or she will provide the proof of notarization required by this paperwork.
