Updated April 10, 2024
An Illinois special warranty deed is used to convey property from one to another with a limited warranty in the State of Illinois. This type of deed is basically somewhere in between a quitclaim, which conveys no guarantee, and a warranty deed which conveys full warranty to the title. A limited warranty deed certifies to the buyer that the seller has not transferred any interest other than what he has disclosed, to anyone while he or she has been in possession of the property. However, the seller does not guarantee the absence of any other claims against the property that may have arisen before the grantor held the property. Again, it is always important to complete a title search, whether you have a guarantee or not, so that you know what is being conveyed and what you are paying for.
Laws – Property – (765 ILCS 5/) Conveyances Act
Recording – All deeds in the State of Illinois are to be filed with the County Recorder’s Office (See List).[1]
Signing – A Notary Public is required to witness the signature of the seller (known as the “Grantor”) before it is recorded.[2]
How to Write
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I. Illinois Preparer
(1) Illinois Preparer Identity. As the reporter dispensing information defining the Illinois property, Grantor, and Grantee, you must display your full name.
(2) Illinois Preparer Contact Information. After identifying yourself, report your mailing address to the space available. This must be a well-monitored address in the event a Reviewer of this form has any clerical concerns that require clarification.
II. Post-Filing Recipient
(3) Administrative Instruction. Document the entire name and mailing address where the Parties defined in this statement agree to have this document sent or returned once the Illinois County Recorder registers this deed.
III. Illinois Grantor
(4) Grantor Of Illinois Property. The Illinois Property Seller will need to be placed in the role of this property’s Grantor. To this end, identity each Illinois Property Seller by name on the first line in this statement. Each Seller named here will be obligated to sign this document in order to release his or her interest or ownership over the Illinois real property being conveyed.
(5) Home Address. This conveyance statement shall require that the building number, the street, and (if needed) the apartment number defining the physical address of the Grantor(s) of the Illinois real property as well as his or her County and State of residence be reported. Every Grantor of the Illinois property listed above must also have a presentation of his or her home address.
(6) County And State Illinois Grantor. There is no requirement forcing the Illinois Grantor to live in Illinois. So long as the real estate being transferred is physically located in the State of Illinois, he or she will be considered the Illinois Grantor in this form. To this end, document the Illinois Grantor’s County and State where his or her home is located.
IV. Payment Received For Illinois Property
(7) Payment For Illinois Property. The payment received by the Grantor to transfer his or her ownership over the Illinois real property to the Grantee requires definition. Document the received payment amount in writing then continue with a confirmation of this figure by entering it numerically to the parentheses space.
V. Illinois Grantee
(8) Illinois Property Grantee Name. The Party who shall receive the property ownership this statement will effect must be identified as the Illinois Property Grantee with his or her full name. Only the Grantees named in this statement will receive ownership over the concerned Illinois real property
(9) Address Of Residence. Utilize the three areas displayed for the presentation of the street address, County, as well as the State where the Illinois Property Grantee lives.
VI. Illinois Real Property
(10) Conveyed Illinois Property. The County of the Illinois property is needed to introduce this discussion. Supply the name of this Illinois County to this statement.
(11) Legal Description Of Illinois Property. Document the complete physical (geographical) address of the Illinois property the Grantor intends to release to the Grantee upon signature. Additionally, consult the current deed (or the Illinois County Recorder’s Office where it was filed) the reproduce the legal description of this property exactly as recorded on the books.
VII. Illinois Grantor Notarized Signature
(12) Illinois Grantor Signature Execution. The conveyance of Illinois real property discussed in this statement will only be effective once a notarized signature is produced by each Grantor named. Once the Notary Public and the Illinois Property Grantor(s) have gathered, each Grantor of Illinois real property must sign this paperwork under the observation of a qualified (licensed) Notary Public.
(13) Printed Name And Information. In addition to the signature requirement this document presents the Grantors, each must print his or her name as well as submit his or her home address.
(14) Illinois Required Notarization. It is mandatory that the Illinois Grantor of this real estate complete the signature requirement above before a Notary Public. The Notary Public will utilize the final section to show that the Illinois Grantor signing underwent the notarization process.
