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Wisconsin Special Warranty Deed  Form

Wisconsin Special Warranty Deed Form

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What is the Wisconsin Special Warranty Deed

A Wisconsin special warranty deed is a legal document used to convey real estate from one party to another while limiting the liability of the grantor. Unlike a general warranty deed, which provides broader guarantees regarding the property's title, the special warranty deed only guarantees that the grantor has not encumbered the property during their ownership. This means that any issues arising from the property's title before the grantor's ownership are not the responsibility of the grantor.

How to Use the Wisconsin Special Warranty Deed

The Wisconsin special warranty deed is commonly used in real estate transactions, particularly when a property is sold by a developer or a corporate entity. To use this deed, the parties involved must ensure that the document is correctly filled out and signed. It is essential to include specific details such as the names of the parties, a legal description of the property, and the date of the transfer. Once completed, the deed should be filed with the appropriate county register of deeds to make the transfer official.

Steps to Complete the Wisconsin Special Warranty Deed

Completing a Wisconsin special warranty deed involves several important steps:

  • Gather necessary information, including the names of the grantor and grantee, property details, and legal descriptions.
  • Obtain the appropriate form for the special warranty deed, which can be found through state resources or legal offices.
  • Fill out the form accurately, ensuring all required fields are completed.
  • Have the deed signed by the grantor in the presence of a notary public to ensure its legality.
  • File the completed deed with the county register of deeds to officially document the transfer.

Key Elements of the Wisconsin Special Warranty Deed

Several key elements are essential for a Wisconsin special warranty deed to be valid:

  • Grantor and Grantee Information: Full names and addresses of both parties must be included.
  • Property Description: A legal description of the property being transferred is necessary to avoid ambiguity.
  • Consideration: The deed should state the consideration, or the value exchanged for the property.
  • Notarization: The signature of the grantor must be notarized to validate the document.

Legal Use of the Wisconsin Special Warranty Deed

The Wisconsin special warranty deed is legally recognized and provides a specific level of protection for both the grantor and grantee. It is crucial for the parties to understand the limitations of the guarantees provided by this type of deed. The grantor is only responsible for claims arising during their ownership, which can be an attractive option for sellers looking to limit their liability. Proper execution and filing are necessary to ensure that the deed is enforceable in a court of law.

State-Specific Rules for the Wisconsin Special Warranty Deed

Wisconsin has specific regulations governing the use of special warranty deeds. These rules include requirements for notarization, filing deadlines, and the necessity of including a legal description of the property. It is important for individuals to familiarize themselves with these state-specific rules to ensure compliance and avoid potential legal issues. Additionally, consulting with a legal professional can provide clarity on any unique circumstances related to the property transfer.

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