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Idaho Special Warranty Deed Form

Idaho Special Warranty Deed Form

Updated April 10, 2024

An Idaho special warranty deed is used for purposes between a quit claim deed and a general warranty deed. It provides a measure of guarantee from the seller to the buyer, but not a full guarantee. The seller is merely guaranteeing that he or she has not granted interest in the property to another person during the time they have owned the property, but the seller does not guarantee that prior to receiving the property, there was not another transfer not accounted for by people who owned the property before the grantor. Again, it is important to have completed a thorough title search to ascertain what interest you are actually buying in the property.

Laws – Title 55, Chapter 6 – Transfer of Real Property

Recording – Must be completed at the County Recorder’s Office where the property is situated (See County List).[1]

Signing – All deeds must be signed and sworn before a notary public for it to be recorded.[2]

How to Write

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I. Information Reporter

(1) Preparer Of Idaho Special Deed. As the Preparer of this document, you will be responsible for providing the information needed to complete it so that it can be signed to execution. Identify yourself by furnishing your full name and address to the “Prepared By” section.

II. Filing Return

(2) Idaho County Recorder Task. The Idaho County Recorder filing this form with the State of Idaho will be required to send this document to a predetermined Recipient and return address. Identify this Recipient in the second section and document the mailing address where the Idaho County Recorder must send this declaration.

III. Idaho Property Grantor

(3) Idaho Property Grantor. The Property Seller will only be responsible for conveying his or her current ownership of the property by granting this ownership to another Party. Place the full name of the Idaho Property Grantor on the first empty line.

(4) Address Of The Idaho Property Grantor. The residential address of the Idaho Grantor is required in this paperwork. This will help identify him or her with a physical location. Therefore furnish the street address (with a physical building number, street, and unit number) with the County and State where the Idaho Grantor lives to the available spaces in this statement.

IV. Cost Of Current Idaho Property Interest

(5) Payment For Idaho Property. Produce a written and numerical report on the dollar amount the Idaho Property Grantor received for the property to the area preceding the parentheses then in the parentheses.

V. Idaho Property Grantee

(6) Idaho Property Grantee Identity. Dispense the Idaho Property Grantee’s full name to this statement as the Party who shall be given the current Grantor’s ownership over the concerned property.

(7) Residential Address Of Idaho Grantee. The geographical location of the Idaho Grantee’s residence must be presented across the next three spaces as a physical street address, County, and State.

VI. Idaho Property

(8) County Of Idaho Property. Now that both the Grantor and Grantee have been properly named the Idaho real property of concern will be established. Begin by documenting which Idaho County the property is found in.

(9) Idaho Property Description. The concerned Idaho property requires description. Begin with the address where it’s found (physically) then make a record of its legal description. If the deed is not readily available, then contact the Idaho County Recorder’s Office where it was last filed. Remember, this paperwork will only deal with the current Idaho Grantor’s interest and level of ownership of the property so if a deed is not readily available, then a Professional should be consulted.

VII. Signature Approval Of Conveyance

(10) Idaho Grantor Signing. As mentioned, the Idaho Grantor’s act of signing is the only instrument that will release the above property to the Grantee. He or she will need to gather with a licensed Notary Public to execute this document.

(11) Idaho Grantor Identity. The printed name of the Idaho Grantor, as well as his or her complete residential address, must be supplied by him or her during the act of signing.

VIII. Verifying Idaho Grantor Signature(s)

(12) Notarization Of Idaho Grantor Signing. The State of Idaho requires the Grantor to have his or her signature undergo the notarization process while performing it. The Notary Public attending the Idaho Property Grantor signing will prove the notarization process in the space provided for his or her use.

 

Sources

  1. I.C. § 55-808
  2. I.C. § 55-805