Updated July 18, 2023
A Virginia special warranty deed allows the transfer of property ownership with the guarantee that it is free of liens and encumbrances during the grantor’s period only. Any claims made before the grantor’s ownership period are the responsibility of the grantee (if any exist).
Laws – Title 55.1 Property and Conveyances
Capital Letters (VA Code Ann. § 17.1-223) – The grantor and grantee must be stated in the first clause/sentence of the document with their names being in capital letters.
Recording (VA Code Ann. § 55.1-407(A)) – Must be filed at the Clerk of the Circuit Court.
Signing (VA Code Ann. § 55.1-600) – Must be signed by the Grantor(s) in the presence of a Notary Public or before Two (2) Witnesses at the circuit court.
How To Write
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I. Virginia Statement Preparer
(1) Identity Of Virginia Statement Preparer. The name of this deed’s Preparer should be dispensed before any information is supplied.
(2) Business Address Of Virginia Statement Preparer. The remaining blank spaces in the first header section have been reserved for a production of the Virginia Statement Preparer’s official business address.
II. Pre-Authorized Recording Recipient
(3) Recorded Document Recipient. The Clerk of the Virginia County Recorder will be required to release this document to the Party that is identified as its Post-Filing Recipient. This, in most cases, is the same Party who has purchased the Virginia property but can be anyone that the Virginia Grantor names here and authorizes when signing this document. Present the name of this Virginia Post-Filing Recipient.
(4) Address Requirement. The mailing address necessary to send the Pre-Authorized Recipient the filed statement should be documented for the use of the Virginia Clerk of the County Recorder.
IV. Declaration Of Virginia Property Transfer
(5) Date Of Virginia Property Transfer. The calendar date when the Virginia Property Owner issuing this document to release real estate ownership to the Property Purchaser must be presented. Make use of the first three spaces of the declaration to present this date of effect.
(6) Virginia Grantor Name. The name of the Virginia Property Seller, the Current Owner of the real property, should be documented in capital letters to the first statement. Attach this Party to the role by dispensing his or her full name where requested.
(7) Virginia Grantee Name. The Party who has purchased the Virginia real property from the Grantor must also be attached to the appropriate role in the first statement. Present the full name of the Grantee to conclude the first statement. Bear in mind that the name of every Virginia Grantee taking over the Grantor’s property must be presented in this first statement in capital letters.
V. Virginia Grantor Identity
(8) Name Of Virginia Property Seller. The next statement will further define the transaction that has occurred and the transfer of Virginia property transfer. Begin completing this section by confirming the name of each Virginia Property Owner acting as the Grantor in this paperwork with a reproduction of each one’s full legal name where requested.
(9) Address Of Virginia Grantor. The street address, as well as the County where the Virginia Grantor lives, should be distributed across the next two blank spaces. It should be mentioned that the street address must be made up of the building number, the street, and the unit number (if applicable) of the Virginia Grantor’s physical address.
(10) State Of Residence. Continue to the next segment of this statement to complete the home address of the Virginia Grantor’s residential address with a record of the State he or she lives in.
VI. Virginia Property Payment
(11) Payment Declaration. The discussion engaged by this document requires that the amount of money the Virginia Grantor was paid for this property be reported. Write out this amount to supplement the language of the Virginia Grantor’s declaration then reproduce this same amount as a number. There will be a separate space for each of the entries.
VII. Virginia Grantee Of Property
(12) Virginia Property Buyer Name. The Purchaser of the Virginia property should be named as the Grantee so that he or she may take possession of the concerned real estate. Reproduce the name of each Virginia Grantee above where requested by the second statement.
(13) Address Of Virginia Property Buyer. Every identified Virginia Property Buyer or Grantee above must be presented in this document with his or her home address. The statement being tended to shall provide a space for the Virginia Grantee’s home street address and County of residence. Be aware that the street address provided to identify a Virginia Grantee may not be a P.O. Box number but the building number, street or road, and apartment number of the physical location of his or her home.
(14) Residential State Of Virginia Property Buyer. The home address of the Virginia Grantee will not be considered complete unless the name of his or her state is included.
VIII. Description Of Virginia Real Property
(15) County Of Virginia Property. The Virginia County name of the real property’s physical location must be dispensed to introduce the next topic of this statement.
(16) Legal Description Of Virginia Property. This paperwork must leave no question as to the real property being transferred. With this goal in mind, furnish the Virginia property’s legal description as documented in the Clerk of the County Recorder Offices books or on the last deed that was registered for this property. This must be an exact reproduction of the Virginia property’s legal description.
IX. Virginia Grantor Signature
(17) Signature Requirement Of Virginia Grantor. Every Virginia Grantors named in the statements above will need to sign his or her name under the observance of either two Witnesses or a Notary Public. This will aid the State of Virginia in verifying the identity of the Signer(s) as the Virginia Grantor(s) named in this declaration.
(18) Virginia Grantor Name And Address. After signing this declaration that a transfer of ownership over Virginia property has occurred, every Virginia Grantor must then submit his or her name and address in print. This information must be presented with the Virginia Grantor’s signed name.
X. Virginia Grantor Signing Testimonial
(19) Witness To Virginia Signing. If the Virginia Grantor has decided to fulfill the verification requirement the State of Virginia places on this signing then each Witness must read the acknowledgment statement provided then agree to it by signing it. Once done, the printed name and the complete address of each Witness must be submitted.
(20) Notarization Of Virginia Grantor Signing. If the Virginia Grantor(s) has opted to have his or her signature process notarized, then the Notary Public obtained shall prove this process is complete by documenting the identities of the Signature Parties as well as the location and date of this action then verify this information is true with a production of the notary seal and his or her credentials.
