Special Warranty DeedWhat is a Special Warranty Deed? Form

What is the Special Warranty Deed?

A special warranty deed is a legal document used in real estate transactions that provides a limited guarantee from the seller to the buyer. Unlike a general warranty deed, which offers broad protections against any claims on the property, a special warranty deed only covers issues that arose during the seller's ownership. This means the seller is responsible for any title defects that occurred while they owned the property, but not for any issues that existed prior to their ownership.

Key elements of the Special Warranty Deed

Several key elements define a special warranty deed. These include:

• Grantor and Grantee: The document identifies the seller (grantor) and the buyer (grantee).
• Property Description: A detailed description of the property being transferred is included.
• Limited Warranty: The seller provides a limited warranty against defects in title during their ownership.
• Signatures: Both parties must sign the deed for it to be legally binding.
• Notarization: The deed typically requires notarization to verify the identities of the signers.

Steps to complete the Special Warranty Deed

Completing a special warranty deed involves several steps:

1. Gather Information: Collect necessary details about the property, including the legal description and the names of the grantor and grantee.
2. Draft the Deed: Use a template or legal software to draft the special warranty deed, ensuring all key elements are included.
3. Review: Have the document reviewed by a legal professional to ensure compliance with state laws.
4. Sign and Notarize: Both parties should sign the deed in the presence of a notary public.
5. File the Deed: Submit the signed and notarized deed to the appropriate local government office for recording.

Legal use of the Special Warranty Deed

The special warranty deed is legally recognized in many states across the U.S. It is commonly used in residential real estate transactions, especially when the seller is not willing to provide a full warranty. This type of deed is particularly useful for sellers who may have limited knowledge of the property’s history or for properties that have changed hands multiple times.

State-specific rules for the Special Warranty Deed

Each state has its own regulations regarding the use of special warranty deeds. It is essential to understand the specific requirements in your state, as some may have unique stipulations regarding the language used, notarization requirements, or filing procedures. Consulting with a local real estate attorney can provide clarity on these state-specific rules and ensure compliance.

How to obtain the Special Warranty Deed

Obtaining a special warranty deed typically involves drafting the document or using a legal service. Many online platforms provide templates that can be customized to meet specific needs. Additionally, local real estate offices or attorneys can assist in preparing the deed to ensure it meets all legal requirements. Once prepared, the deed must be signed, notarized, and filed with the appropriate local authority.