Updated January 05, 2022
A Nebraska special warranty deed is used to transfer property from a seller of real estate (grantor) to a buyer (grantee). Like a warranty deed, a special warranty deed comes with a guarantee, but a guarantee that is limited to the grantor’s ownership. In other words, the grantor guarantees that there are no defects in the title related to their ownership. Although, nothing is guaranteed prior to the grantor’s ownership.
It is always a prudent idea for a buyer of real estate to have a proper property search conducted in order to ascertain whether or not there are issues in the title.
Laws – Chapter 76 (Real Property), Article 2. Conveyances
Recording (Neb. Rev. St. § 76-238) – Must be submitted to the Register of Deeds in the county where the real estate is situated (View County Websites).
Signing (Neb. Rev. St. §§ 76-211, 76-216) – Notary Public.
Real Estate Transfer Statement (Form 521) – Is required in the State of Nebraska in order to process a deed at the recorder’s office.
How to Write
Download; Adobe PDF, Microsoft Word, OpenDocument
I. Nebraska Statement Preparer
(1) Preparer Identification. It will be important that any questions regarding the preparation of this statement can be easily answered in the future (even after it has been filed). Therefore, supply the name and mailing address of the Individual who has furnished the facts this declaration requires to the top of the page.
II. Declaration Post-Filing Instructions
(2) Return Destination. The filing of this statement with the Nebraska Register of Deeds will need to be accompanied with some instruction. Upon its filing, the Nebraska Register of Deeds will send the filed declaration to the Party named in the section “After Recording Return To.” This requires a record of the name and mailing address of the desired Recipient produced.
III. Nebraska Property Owner
(3) Name Of Nebraska Property Owner. The Owner of the Nebraska property will be the Issuer of this declaration. To this effect his or her complete legal name is required by the first statement made. A specific area has been reserved for this information. Once every Nebraska Property Owner has been identified they will each be known as a Grantor of the Nebraska property.
(4) Nebraska Property Owner Address. The address where the Nebraska Property Grantor maintains his or her residence should be presented with each one’s name. This process requires three separate productions (street address, County, and State) to supplement the statement’s language.
IV. Property Transfer Transaction
(5) Dollar Sum Paid. The payment submitted for the real property that is released to the Buyer by the Nebraska Property Owner(s) named above is required documentation for this paperwork. Deliver this payment amount where requested as a written report then document it numerically.
V. Nebraska Property Buyer
(6) Nebraska Property Grantee. The real property this Nebraska statement releases will need a target to assume Ownership. Typically, the Payer of the Nebraska real property shall be the same Party who shall be the Grantee however, this is not a requirement. The Party the Nebraska real property will be released to must be attached to this role in this paperwork. Thus, produce his or her full name. Bear in mind, that only Nebraska Real Property Grantee may use this instrument to seize ownership of the Nebraska real property so each one this document must release Nebraska real property to must be identified in this statement.
(7) Nebraska Grantee Address. The street address, County, along with the State where the Nebraska Grantee maintains a residence should be submitted along with each one’s identity.
VI. Nebraska Property
(8) County Of Nebraska Property. Document the name of the Nebraska County where the real property of issue is located.
(9) Legal Description Of Nebraska Property. The Nebraska Register Of Deeds Office responsible for the previously named County’s property records will have the current legal description of the property on file. Reproduce the legal description of the Nebraska real property to the space provided.
VII. Nebraska Grantor Signing
(10) Nebraska Grantor Signature. This document’s ability to cause effect the transfer of ownership the Nebraska Real Property Owner wishes effected is solely dependent upon each one’s signature. Therefore, each Nebraska Real Property Grantor involved must sign his or her name under the direction of a qualified Notary Public. Notice that two distinct signature areas have been provided for this task, however, if there are more than two Nebraska Grantors, then more signature areas should be inserted. Optionally, an attachment containing the notarized signatures of each Nebraska Grantor may also be developed.
(11) Printed Name Of Nebraska Grantor. The signature provided by the Nebraska Property Grantor should be supported with each one’s production of his or her printed name.
(12) Address Of Nebraska Grantor. The signature and printed name of each Nebraska Grantor must be accompanied with his or her residential address.
VIII. State Of Nebraska Notary Requirement
(13) Mandatory Notarization Of Grantor Signature. The Notary Public overseeing the Nebraska Grantor signing will utilize the last section to demonstrate the notarization process has been applied.
