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Idaho Deed Forms – Quit Claim, Warranty, and Special Warranty

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The Idaho deeds are the legal method for transferring real property between buyers and sellers in Idaho. There are different forms depending on the type of transfer and depending upon the circumstances surrounding the transfer that is to take place. All deeds must be recorded with the county recorder located in the county in which the property is located. Recording of the deed provides notice to others as to who owns the property and when and whether any interest in the property has been transferred. Before recording, the signature of the parties must be acknowledged before a notary public in Idaho.

Recording – Must be completed at the County Recorder’s Office where the property is located (See County List).

Signing – § 55-805 – All deeds must be authorized in front of a notary public for it to be recorded.

Deed Types

Deed of Trust – A deed of trust is used to record an interest in the property by a mortgage holder until the property owner pays off the mortgage. It provides notice to potential purchasers that a mortgage has to be paid off before clear title can be obtained.

General Warranty – A general warranty deed provides a guarantee from the seller to the buyer that the seller has all right, title and interest in the property and that he or she is legally authorized to sell the property.

Quit Claim – A quitclaim deed, is the opposite of a warranty deed – it provides no guarantee that the seller has any interest in the property or that he or she has the authority to sell. All it does is say that any interest that the seller may have they sell to the buyer.

Special Warranty – A special warranty is something in between a quit claim and a warranty deed. The seller is providing a guarantee that they have not transferred their interest in the property since they owned the property, but the seller does not guarantee clear title before the seller bought the property.

Idaho Property Search

When you buy property, is important to know exactly what you are buying. In order to obtain this information, you or your representative must do a thorough property search. That means that starting with the person who is selling you the property (the grantor), you go back through each transfer to see what was sold and what was purchased. In addition, you can determine if there are any easements (rights to go through the property) or mortgages or other partial interests. In Idaho, land records are recorded with the county recorder in which the property is located. This Website lists the counties in Idaho with their websites. In order to complete a search, you will have to go to the recorder’s office in the county in which the property is located. There may be fees associated with the research. The following is an example of what you need to do to do to find property search information for Boise County:

Step 1 – Go to the State Website and click on the county in which the property is located.

idaho property search

Step 2 – You will be brought to This County Information Website. Click on the place that says your County name’s website.

idaho property search2

Step 3 – You will then be brought to the County Website.

idaho property search3

Step 4 – Find the reference to “Recorder” and click on the link. You will find recorder information and research fees.

idaho property search4

 


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