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West Virginia Special Warranty Deed Form

West Virginia Special Warranty Deed Form

Updated April 12, 2024

A West Virginia special warranty deed is used to transfer the ownership of property free of liens and encumbrances during the grantor’s ownership period (only). The grantee will be responsible for claims that are made (if any) prior to the grantor’s period.

Laws – Chapter 36. Estates and Property

Recording – Must be filed in the County Clerk’s Office in the jurisdiction of the property.[1][2]

Signing – Must be signed with the Grantor(s) in the presence of a Notary Public or Two (2) Witnesses.[2]

How To Write

Download: PDF, MSWord, OpenDocument

I. Preparer Of West Virginia Transfer Declaration

(1) Identity Of Reporting Preparer. The complete name of the Reporter supplying this West Virginia statement on real property transfer is required at the beginning of this paperwork. This will be the Party held responsible for the clerical preparation of this document.

(2) Business Address Of Reporting Preparer. The business address needed to contact the Preparer reporting on the West Virginia property transfer is required in the first section. Three distinct areas are available for this task.

II. Registered Statement Recipient

(3) Set Recipient Of Registered Deed. The Party that must be set to receive the physical document being developed from the County Recorder who is registering it must be formally named as the return destination for the filed deed. Utilize the second section presented in the header to display the determined Recipient’s name.

(4) Mailing Address Of Set Recipient. The mailing address of the Party authorized to receive the registered document once the Registrar has finished its filing must be supplied to the second section. The street address, state, and official zip code needed for this paperwork to be properly directed must be supplied where each one is requested.

III. West Virginia Property Owner

(5) West Virginia Property Owner Name. The Seller of the West Virginia real property has to be identified so that he or she is able to issue this document in a proper manner. Use the first space available in the declaration to attach the West Virginia property’s Seller or Owner as the Grantor. This role must be formally attached to each Party intent on signing the West Virginia instrument being completed.

(6) Home Address Of Property Owner/Grantor. The Property Owner’s physical (geographical) home address and County of residence will be required when identifying him or her.

(7) Home State Of West Virginia Grantor. Dispense the name of the State where the West Virginia Grantor’s physical address is located.

IV. West Virginia Property Payment

(8) Received Payment For West Virginia Property. A record of the property payment that was submitted to the West Virginia Grantor must be produced in the declaration of real property transfer being issued. Both a written and numerical presentation of this dollar amount should be furnished to the spaces reserved for this material. It is generally recommended that this deed not be released until the West Virginia Grantor has received the price set for the real property.

V. West Virginia Grantee

(9) Name Of West Virginia Property Purchaser. The identity of the West Virginia Property Buyer must be attached to this document as its Grantee. This is the Party who has paid for the release of the Grantor’s ownership over the West Virginia property this paperwork discusses. Every West Virginia Property Grantee intent on utilizing this instrument to claim the West Virginia property must be formally named in this statement.

(10) Residential Address Of Purchaser/Grantee. The West Virginia Grantee’s identity must be solidified in this paperwork, especially since this Party will be able to use this instrument to possess the West Virginia property. To this end, the physical or geographical location of his or her home must be established. Furnish this information by first recording the appropriate street address then dispensing the formal name of the County where his or her home address is.

(11) Home State Of West Virginia Grantee.

VI. West Virginia Legal Property Description

(12) County Of West Virginia Property. Use the next portion of this statement to produce the (official) name of the West Virginia County where the property is geographically located.

(13) Description Of West Virginia Real Property. The discussion regarding the West Virginia real property being transferred must now turn to identify this real estate. This can be easily handled by locating the last deed in effect or contacting the West Virginia County Clerk where it was registered to obtain then transcribe the formal legal description of the West Virginia real property to complete this statement.

VII. West Virginia Signature Requirement

(14) Signature Action Of West Virginia Grantor. The West Virginia Property Owner, known as the Grantor above, will require the presence of a Notary Public for his or her signing. Once the West Virginia Grantor executing this document is ready and has met with the Notary Public, he or she will need to sign this deed while the obtained Notary watches.

(15) West Virginia Grantor Name. The printed name of the West Virginia Signature Grantor must be submitted by him or her after signing this paperwork. Every West Virginia Grantor satisfying the signature requirement must satisfy this requirement as well.

(16) Address Of Executing Grantor. The West Virginia Grantor must submit his or her complete address when signing this paperwork.

(17) Witness Signature And Name. The Witness acting to verify the West Virginia Grantor(s) signature(s) provided must sign and print his or her name immediately after the West Virginia Grantor or Gantors have completed their signature area. This will verify that the Witness can, to a reasonable extent, verify the West Virginia Grantor’s identity at the time of signing and has watched this action completed by the Grantor. Each Witness in attendance must provide his or her signature and printed name for this purpose.

(18) Witness Address. The residential address of each Witness must be submitted once he or she has signed this paperwork and supplied his or her residential address.

(19) West Virginia Notary Process. The notarization of the Grantor’s execution can only be conducted by the Notary Public who has inspected the identification of the Signature Grantor and can provide the information and credentials required by the final section.

Sources

  1. W. Va. Code, §§ 40-1-9
  2. W. Va. Code, § 39-1-2