Updated April 09, 2024
A Hawaii special warranty deed provides a method of conveyance of real property in Hawaii. Similar to a warranty deed, it provides a guarantee from the seller to the buyer. However, the guarantee is limited in that it is only guaranteeing that the grantor did not transfer interest or otherwise encumber the property while he or she owned it. Unlike a warranty deed, however, there is no guarantee that others will not claim an interest in the property from transfers that occurred before the grantor acquired the property. In order to ascertain exactly what interest the buyer is purchasing in a property, it is important that he or she has a property or title search completed.
Laws – Hawaii Admin. Code, Chapter 16 – Rules Relating to Conveyances
Recording – All deeds must be filed at the Bureau of Conveyances along with the required Recording Fee.[1]
Signing – A special warranty deed is required to be signed in the presence of a Notary Public.[2]
How to Write
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I. Hawaii Statement Preparer
(1) Reporter Of Hawaii Property Conveyance. The document being filed will need several pieces of information. The Party responsible for placing this information where requested must self-identify as its formal Preparer. The area below the Grantor’s signature has been reserved for a presentation Preparer’s legal name and formal mailing address. It is good practice to enter this information first and foremost.
II. Instruction To Hawaii Bureau Of Conveyances
(2) Return Destination. The Bureau of Conveyances where this document is submitted should be instructed on where to return it. This may be any Entity the Grantor wishes but this Recipient’s mailing information should be discussed with a record of this Returnee’s full name and mailing address.
III. Grantor Of Hawaii Real Property
(3) Name Of Hawaii Grantor. The complete name of the current Hawaii Property Owner should be documented. This is the Party who shall relinquish his or her ownership of the Hawaii property by signing this document must be named. Produce the legal name of the Hawaii Property Grantor.
(4) Address Of Hawaii Grantor. The street address where the Hawaii Property Grantor resides must be supplied with his or her identity. Additionally, the County and the State where the Hawaii Property Grantor’s residence is physically found must also be dispensed to this paperwork.
IV. Hawaii Property Claim Payment
(5) Received Payment. Document the payment amount that was submitted to the Hawaii Property Grantor in exchange for his or her current ownership rights and legal interests in the discussed real property. The dollar amount that is recorded here will be considered received and the Hawaii Grantor’s requirement to transfer ownership of the property satisfied. Document this amount in writing then numerically to the areas provided.
V. Grantee Receiving Hawaii Property
(6) Identity Of Hawaii Property Grantee. Now that the Owner/Grantor of the Hawaii real property has been identified and the received payment established, the full name of the Grantee that shall be set to receive such ownership over the Hawaii real property will have to be dispensed to this statement.
(7) Address Of Hawaii Property Grantee. Make a report on the street address of the Hawaii Grantee’s home or residence then display the County and State of this residence.
VI. Hawaii Real Property
(8) Hawaii Property County. Submit the name of the Hawaii County where the property that the Grantee shall assume ownership over from the Grantor where the statement requests this information.
(9) Hawaii Property Description. The complete address of the Hawaii property’s geographical location must be included with this statement of conveyance. In addition to this address, the real property’s legal description should be dispensed precisely as it was recorded with the Bureau of Conveyances (such information may be obtained directly from the Bureau or from the deed currently held by the Grantor).
VII. Hawaii Grantor Release Of Real Property
(10) Hawaii Grantor Signature. This conveyance of Hawaii real property can only be completed with the notarized signature of the Hawaii Property Grantor.
(11) Printed Name Of Hawaii Grantor. After the signing process of the Hawaii Grantor has been completed, he or she is obligated print his or her name and produce his or her address.
VIII. Notarization Of Hawaii Conveyance Signing
(12) Notary Public Credentials. The Notary Public will take control of the document once the Hawaii Property Grantor has signed it. The final section will allow for the notarization process to be displayed and will require the attention of the attending Notary Public. Once done, he or she will relinquish this paperwork to the Signature Grantor with proof that his or her act of signing was notarized.
Sources
- < id=”source-1″ href=”https://eforms.com/images/2016/05/Hawaii-%C2%A7-13-16-4-Recording.pdf” target=”_blank” rel=”noopener”>HAR § 13-16-4
- < id=”source-2″ href=”https://casetext.com/statute/hawaii-revised-statutes/division-3-property-family/title-28-property/chapter-502-bureau-of-conveyances-recording/part-v-acknowledgments-proof-of-instruments/section-502-41-certificate-of-acknowledgment-natural-persons-corporations” target=”_blank” rel=”noopener”>HRS § 502-41