Signing Requirements
Special warranty deeds must be signed with a notary public and/or witnesses (see table for more details).
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
Required Statement / Granting Clause
“conveys and warrants specially”
For instance: “Tom Jones conveys and warrants specially unto Christina Kirschner the property located at 1 Forest-Wake Ave…”
(Note that clauses granting limited warranties can vary from state to state and may contain different language.)
How to File a Special Warranty Deed (4 Steps)
2. Gather the Required Information
Creating and recording the deed may seem daunting. However, through prior research, the parties can obtain the necessary information and confidently move forward. The following details are crucial to know before executing the transfer and heading to the registry:
- Preparer’s By – If the grantor cannot fill out their own form, they should find an individual to assist with writing the form.
- Where to Mail After Recording – Obtain the address to send the deed after it is filed, typically the grantee’s address.
- Grantor’s and Grantee’s Information – Obtain the exact full names and mailing addresses of both parties.
- Consideration – Figure out the set purchase price in dollars and other considerations per the agreement.
Legal Description – Finally, and most importantly, obtain the “Deed Book and Page Numbers” from the County or City Recorder’s Office. A majority of states (if not all) require this description. It is also recommended, and in certain states required (e.g., Florida), to have the “Tax Map & Lot or Parcel ID” provided by the county or city assessor’s office included in the description.
3. Authorize the Form
The deed will need to be executed in accordance with the State Signing Requirements. This usually consists of either two witnesses and/or a notary public. Both Grantor and Grantee will be required to appear in front of the witnessing party, either physically or through an online presence, if allowed.
4. File/Record the Deed
Every jurisdiction in the United States has a recording office dedicated to this very recordkeeping. The filing party, usually the grantor, should be sure to take a blank check to cover any filing fees set by the recorders’ offices.
Definitions (Glossary)
Consideration – Purchase Price.
Grantor (the “Seller”) – The party who owns the property but is in the process of selling. In most cases, only the grantor signs the deed.
Grantee (the “Buyer”) – The purchasing party who shall have their information entered on the deed as such. The grantee (or their legal or real estate agents) is to receive the deed after it has been processed in a local registry.
Legal Description – Obtained either at the local or county level. It is good practice to go online and find the property or contact the local assessor or recorder. The description often incorporates these identifiers:
- Tax Map/Lot Numbers
- Deed Book & Page Numbers
- Parcel Identification Number (if any)
Mailing addresses are usually not included in the Legal Description.
Notary Public – A state-authorized individual who will acknowledge the signature of the Grantor. Most states require this attestation.
Preparer – The individual who is writing the document.
Receiver (After Recording, Return to) – As mentioned above, the grantee should be listed here unless the situation dictates otherwise.
Witness(es) – In some states, witnesses can be used in lieu of notarization, or state law may require witnesses alongside a Notary Public.
Where to Record (By State)
After the form has been downloaded, completed, and signed, it is ready to be recorded at the Registry of Deeds (or other County/Town office). The deed may be filed at the respective office below: