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Special Warranty Deed Form

A special (limited) warranty deed transfers title in fee simple from the seller ("grantor") to the purchaser ("grantee") with a warranty of title limited to solely the acts of the grantor. In other words, this type of deed only warrants against events that transpired during the grantor's ownership. Special deeds are typically used in commercial property transactions.
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By State

 

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)

1. Negotiate with the Owner

The parties involved must convene to negotiate a fair price. Once the grantor, grantee, and their legal representation or real estate agents (if any) agree on the consideration, they can continue with the transaction.

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:

State Laws Where to Record
Alabama Ala. Code 1975 § 35-4-50 County Probate Judge
Alaska District Recorder’s Office
Arizona A.R.S. § 11-468 County Recorder’s Office
Arkansas A.C.A § 14-15-404 Circuit Court (See Map)
California Cal. Civ. Code §§ 1170, 1169 County Recorder’s Office
Colorado C.R.S.A. § 38-35-109 County Recorder’s Office
Connecticut C.G.S.A. § 7-24 County Recording Office (See Map of Counties)
Delaware 9 Del.C. § 9605 Kent, New Castle, or Sussex County
Florida F.S.A. § 695.01(2) County Recording Office (See County Websites)
Georgia Ga. Code Ann., § 44-2-1 Clerk of the Superior Court
Hawaii HAR § 13-16-4 Hawaii Bureau of Conveyances
Idaho I.C. § 55-808 County Recorder’s Office (See County Websites)
Illinois 765 ILCS 5/28 County Recorder’s Office
Indiana IC § 32-21-2-3 County Recorder’s Office (See County Websites)
Iowa I.C.A. § 558.13 County Recorder’s Office (See County Websites)
Kansas K.S.A. § 58-2221 County Recorder’s Office (See County Websites)
Kentucky County Clerk’s Office
Louisiana C.C. Art. 3346 Clerk of Court’s Office
Maine 33 M.R.S.A. § 201-B County Registry of Deeds
Maryland MD Code, Real Property, § 3-104 Division of Land Records at the Circuit Court
Massachusetts M.G.L.A. 36 § 12 County Registry of Deeds
Michigan M.C.L.A. 565.201 County Registry of Deeds
Minnesota M.S.A. § 507.0944 County Recorder’s Office
Mississippi Miss. Code Ann. § 89-5-1 Clerk of the Chancery Clerk’s Office
Missouri V.A.M.S. 442.400 County Recorder of Deeds
Montana M.C.A. 70-21-201 County Clerk and Recorder’s Office
Nebraska Neb. Rev. St. § 76-238 County Recorder’s Office (See County Websites)
Nevada N.R.S. 111.315 See List of County Recorders
New Hampshire N.H. Rev. Stat. § 477:3-a County Registry of Deeds Office
New Jersey N.J.S.A. 46:5-5 County Clerk’s Office
New Mexico N. M. S. A. 1978, § 14-9-1 County Clerk’s Office
New York N.Y. Real Prop. Law § 291 County Court Clerk’s Office
North Carolina N.C.G.S.A. § 47H-2 County Registry of Deeds
North Dakota NDCC, 47-19-07 County Recorder’s Office
Ohio R.C. § 5301.25 County Recorder’s Office
Oklahoma 16 Okl. St. Ann. § 16 County Clerk’s Office
Oregon O.R.S. § 93.760 County Recorder’s Office (See County Websites)
Pennsylvania 21 P.S. § 351 County Recorder’s Office (See County Websites)
Rhode Island Gen. Laws 1956, § 34-11-1 City/Town Office (varies by area) (See City/Town Websites)
South Carolina Code 1976 § 30-7-10 County Recorders of Deeds
South Dakota SDCL § 43-28-1 County Registry of Deeds
Tennessee T. C. A. § 66-5-106 County Recorder’s Office
Texas V.T.C.A., Property Code § 11.001 County Register of Deeds (County Clerks Office)
Utah U.C.A. 1953 § 57-3-101 County Recorder’s Office (See County Websites)
Vermont 27 V.S.A. § 402 County Clerk’s Office
Virginia VA Code Ann. § 55.1-407 Clerk of the Circuit Court
Washington RCW 65.08.070 County Recorder’s Office (See County Websites)
West Virginia W. Va. Code, § 39-1-2 County Clerk’s Office
Wisconsin W.S.A. 706.05 County Register of Deeds
Wyoming W.S. 1977 § 34-1-118 County Clerk’s Office