Montana Special Warranty Deed Form

Updated January 03, 2022

A Montana special warranty deed is a document that allows for the legal transference of real estate. The person selling the property is generally known as the grantor, while the person purchasing the property is known as the grantee. In a deed, it is important to have the name of the grantor, the grantee, and the legal description of the property.

The legal description of the property is not the street address, but the description found in the original deed for the property. A special warranty deed comes with a limited warranty, guaranteeing that there are no claims against the property that could arise during the grantor’s ownership.

Laws – Title 70 (Property), Chapters 20 & 21

Recording (M.C.A. 70-21-201) – Must be filed with the County Court Clerk’s Office.

Signing (M.C.A. 70-21-203) – Required to be signed with the Grantor(s) before a Notary Public.

How to Write

Download; Adobe PDF (.PDF), Microsoft Word (.Docx), Open Document Type (.ODT)

I. Montana Document Preparer

(1) Preparer Credentials. The Preparer of the Montana property transfer statement below requires identification. Therefore, the first area of this document seeks the name of the Preparer of the Montana statement as well as his or her business address.

II. Return Instructions

(2) Document Return Requirement. The Montana County Recorder will be obligated to release control of this document once it has been filed. The legal name of the Party who should be designated as the Recipient for the return of this paperwork, as well as his or her mailing address, must be presented in the second header area.

III. Montana Property Owner

(3) Montana Property Seller As Grantor. The Party that has the legal right to sell ownership over the Montana property should be named as its Grantor. This means that each participating Montana Property Owner must have his or her name delivered to the first statement.

(4) Physical Home Address. The building number along with the name or number of the street making up the Montana Property Grantor’s home address must be clearly presented. Therefore a specific area in this statement requires this information submitted. If this address requires an apartment number or unit number to be complete then supply this as well. Once done, continue reporting the County and State of the Montana Property Grantor’s home address in the spaces that follow.

IV. Montana Real Estate Payment

(5) Payment Submitted. An official record of the amount that was paid to the Montana Grantor for his or her (or their) real property must be made. Write out the Montana property payment amount then supply confirmation by documenting this payment amount numerically.

V. Montana Property Grantee

(6) Montana Property Buyer. Document the legal name of the Montana Property Buyer who wishes to take ownership of the real estate as a result of the payment above. Each Party that is named here will be the Montana Property Grantee who will have the ability and right to assume the property ownership being transferred.

(7) Montana Property Grantee Address.

VI. Montana Property Description

(8) Montana County. The County where the Montana real property is geographically located should be identified.

(9) Montana Legal Description. The Montana County Recorder where the concerned property’s last deed was registered will have the legal description of the Montana property. This information can also be directly reviewed on the most previous deed issued for the Montana property being transferred. This legal description must be supplied to define the Montana property properly.

VII. Montana Property Conveyance Execution

(10) Montana Grantor Action. The property above can only be conveyed to the Grantee through the Montana Grantor’s act of signing. This Montana Grantor action must be notarized for this to be a legitimate conveyance of property.

IX. Notarization Of Montana Grantor Signature

(11) Notarization Of Grantor Action. The signature of the Montana Grantor must be authentically provided and provable. To this effect, the Notary Public will complete the acknowledgment area provided by providing facts such as the identity of the Montana Signature Grantor and Date involved in this execution.