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Warranty Deed

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WARRANTY DEED

This document prepared by (and after recording

return to):

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

--------Above This Line Reserved For Official Use Only--------

WARRANTY DEED

(Corporation to Individual)

This Instrument was filed for record on the day of , A.D., 20 at o'clock ., and duly recorded in book of Deeds, at page

Register of Deeds

By Deputy

FEES

Register of Deeds,

for recording, $

County Clerk, for Transfer

Total, $

- Warranty Deed - Page 1 -


Entered in Transfer Record in my office day of , A.D., 20 .

County Clerk

THIS INDENTURE, Made this day of , A.D. 20 between a corporation duly organized, incorporated, and existing under and by virtue of the laws of the State of, ; and having its principal place of business at County of in the State of hereinafter referred to as "Grantor", and an Individual, unmarried married, of County, in the State of

WITNESSETH that Grantor, for the sum of Ten Dollars ($10.00) grants, bargains, sells, and conveys to Grantee, all the following described real estate in the County of and the State of Kansas, to-wit:

Describe Property of State "SEE DESCRIPTION ATTACHED"

Prior instrument reference: Book Page , Document No. , of the Recorder of County, Kansas.

LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantor, if any, which are reserved by Grantor.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

TO HAVE AND TO HOLD same unto Grantee, and unto Grantee's heirs and assigns forever, with all appurtenances thereunto belonging or in anywise appertaining.

And said Grantor for itself, its successors and assigns does hereby covenant, promise and agree, to and with Grantee, that at the delivery of these presents it is lawfully seized in its own right, of an absolute and indefeasible estate of inheritance, in fee simple, of and in all and singular the above granted and described premises, with the appurtenances; that the same are fee, clear, discharged and unencumbered of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments and encumbrances, of what nature or kind soever;

IN WITNESS WHEREOF, the Grantor has hereunto caused this deed to be signed on its behalf by its thereunto duly authorized so to do, and has caused its corporate seal to be hereunto affixed this day and year first above written.

{SEAL}

Attest:

BY:

Its:

{Name of Corporation}

BY:

TITLE:

- Warranty Deed - Page 2 -


STATE OF

COUNTY OF

Be it remembered, that on this day of , A.D., , before me, the undersigned, a Notary Public in and for the County and State aforesaid, came of a corporation duly organized, incorporated and existing under and by virtue of the laws of and of said corporation, who are personally known to me to be such officers, and who are personally known to me to be the same persons who executed, as such officers, the within instrument on behalf of said corporation, and such persons duly acknowledged the execution of the same to be the free act and deed of said corporation by authority of its Board of Directors.

In witness whereof, I have hereunto set my hand and affixed my official seal, the day and year last above written.

Notary Public, State of Kansas

My Commission Expires:

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

- Warranty Deed - Page 3 -

Enter text

What a Warranty Deed Is and How it Works

A Warranty Deed is a legal instrument used in U.S. real estate transactions to transfer ownership of real property from a grantor to a grantee while promising that the grantor holds clear title. It contains express warranties such as covenant of seisin, covenant against encumbrances, and covenant to defend the title against lawful claims. Warranty Deeds are typically signed, notarized, and recorded with the county recorder or land registry to provide public notice. Because it allocates post-closing risk to the grantor, buyers commonly prefer warranty deeds over quitclaim deeds.

Why a Warranty Deed Matters in Property Transfers

A Warranty Deed provides the grantee with contractual protections and clearer remedies if title defects arise, making it preferred for purchase and mortgage transactions. It helps support title insurance underwriting and increases buyer confidence by shifting certain risks and indemnity obligations to the grantor.

Why a Warranty Deed Matters in Property Transfers

Typical Parties Who Prepare or Sign Warranty Deeds

Buyers, sellers, mortgage lenders, title companies, and real estate attorneys use Warranty Deeds to document ownership transfers and allocate title risk.

  • Buyers and grantees who require warranty of title and post-closing remedies.
  • Sellers and grantors conveying fee simple estate with standard warranties to the buyer.
  • Mortgage lenders and title companies assessing encumbrance risk and underwriting insurance policies.

Step-by-Step: Prepare, Sign, and Record

Follow these steps to complete, execute, notarize, and record a Warranty Deed accurately before or at closing.

  • 01
    Prepare Document: Insert parties, legal description, consideration, and governing law.
  • 02
    Sign & Notarize: All grantors sign in presence of notary; notary completes acknowledgment.
  • 03
    Obtain Title Search: Order title search and clear encumbrances or resolve exceptions.
  • 04
    Record Deed: Submit to county recorder with required fee and proof of payment.

Essential Data Elements for the Deed

Grantor Name: Full legal name as on ID
Grantee Name: Full legal name as on ID
Legal Description: Metes-and-bounds or lot and block
Consideration: State dollar amount or description
Notary Acknowledgment: Notary seal, date, and signature
Recording County: County name where property located

Core Components of a Professional Warranty Deed

A professional Warranty Deed includes clear party identification, a precise legal description, specific covenants, notarization, signatures, and recording instructions to ensure enforceability and public notice.

Parties

Identify grantor(s) and grantee(s) with exact legal names and, where applicable, corporate formation information, doing-business-as entries, and representative titles to establish authority and avoid later challenges to ownership.

Legal Description

Include the recorded legal description from the county plat or prior deed — metes and bounds, lot and block, or parcel number — to precisely locate the property for title and tax purposes.

Covenants

Specify express warranties such as seisin, right to convey, freedom from encumbrances, and covenant to defend; tailor language to state law and any negotiated exceptions or reservations.

Consideration

State monetary consideration or other agreed value clearly, including recitals for tax reporting where necessary; ambiguous terms risk disputes and may affect transfer tax calculations.

Notary Clause

Provide an acknowledgment or jurat formatted to the state’s statutory requirements, include notary information and seal, and ensure notarization verifies identity as required for recording in the county land records.

Recording Details

Specify the county recorder’s office, filing instructions, and payment of recording fees; attach or reference required exhibits and affidavits to prevent rejection at intake processing.

Where to File and Who Receives Copies

After execution and notarization, the Warranty Deed is submitted to the county recorder, then copies are provided to grantee, grantor, lender, and title company for records.

  • County Recorder: Record original deed to create public notice.
  • Title Company: Deliver recorded copy for policy updates and underwriting.
  • Lender: Provide recorded deed to satisfy mortgage documentation.
  • Parties: Each party retains copies for tax and ownership records.

Key Timing and Recording Considerations

Timing matters for recording, tax assessment, and mortgage lien priority; timely recording protects priority and tax treatment.

Execution Date:

Use MM/DD/YYYY; effective when executed unless deed specifies.

Notarization Timing:

Notarize at signing; some states allow acknowledgment afterward.

Recording Deadline:

Record promptly after closing to preserve lien priority.

Tax Reporting:

Reporting and transfer tax deadlines vary by county.

Title Insurance:

Order commitment before closing; exceptions must be resolved.

Risks and Consequences of Errors

Voidable Transfer: Defective deed may be voidable
Recording Rejection: Incorrect legal description rejects recording.
Tax Liability: Misstated consideration affects transfer tax.
Title Claims: Unwarranted encumbrances can produce lawsuits.
Lender Defaults: Mortgage clauses may trigger defaults.
Notary Penalties: Improper notarization risks rejection and fines.

Common Preparation Mistakes to Avoid

  • Incomplete legal description or reliance on informal address leading to recording rejection and boundary ambiguities; always copy recorded description from prior deed or county plat.
  • Using informal party names, nicknames, or initials that do not match IDs or formation documents, creating delay and potential corrective deed requirements.
  • Failing to notarize correctly or omitting notary seal, which causes county recorders to reject the instrument and delays ownership recordation.
  • Neglecting to run a title search and leaving unresolved liens or easements that can surface after closing and trigger litigation or indemnity claims.

Who May Sign the Deed

Individual Grantor

An adult with legal capacity who holds title may sign as grantor; the signature must be notarized. If multiple owners exist, each owner or authorized attorney-in-fact under a valid durable power of attorney must sign.

Corporate Officer

A corporate grantor requires signature by an authorized officer or agent, with corporate resolution or incumbency certificate attached when requested; include capacity line and corporate seal if state practice dictates.

Digital Signing and Security Essentials

Digital signing enables secure remote execution and can meet ESIGN and UETA requirements when properly authenticated and retained.

  • Integrations: Integrates with title and closing systems
  • Formats: Supports PDF and DOCX for filing
  • Security: TLS in transit; AES-256 at rest

Real-World Examples Using Digital Deeds

These examples illustrate how organizations use eSigning and eRecording to process Warranty Deeds and related closing documents.

Martin Properties — Tim Martin, Founder

Tim Martin, founder of Martin Properties, uses online signing to process real estate closing documents remotely and securely.

  • Streamlines closings and reduces in-person meetings.
  • By executing Warranty Deeds and associated closing documents digitally, the firm avoids travel delays, maintains notarization and audit trail compliance, and shortens time to recording. This approach supports lender requirements and expedites title insurance issuance.

Optica Ventures — Brian Fitzgibbons, COO

Brian Fitzgibbons, COO at Optica Ventures LLC, adopted digital deeds to simplify document exchange between investors and property managers.

  • Improves customer convenience and speed.
  • Using a compliant eSignature workflow for Warranty Deeds reduced turnaround time and provided consistent signed copies for records. The organization found the interface intuitive for internal teams and external signers, reducing administrative follow-up.

Best Practices for Accurate Deeds

Follow established practices to reduce recording delays, title defects, and tax surprises when preparing Warranty Deeds.

Verify legal names and signing authority
Confirm grantor and grantee names against government ID or corporate records, obtain incumbency or resolution for entities, and, when using an agent under power of attorney, ensure the POA is durable and recorded where state law requires to establish authority.
Always use the recorded legal description verbatim
Copy the exact metes-and-bounds or lot and block language from the prior recorded deed or official county plat; avoid street addresses alone because counties record by parcel description and may reject imprecise descriptions.
Confirm stated consideration and tax implications
State consideration clearly in dollars when applicable; consult local transfer tax rules and recordation fees. If consideration is nominal or omitted, document reasons and consult counsel to reduce audit risk and possible transfer tax disputes.
Run a full title search and clear exceptions
Obtain a current title commitment or search showing liens, easements, and other exceptions. Resolve or insure against outstanding issues before recording to avoid indemnity claims; require a title insurance policy where lenders or buyers expect protection.

Online Workflow Settings for Warranty Deeds

Configure an online workflow to automate field placement, signer order, authentication, and attachments for a Warranty Deed.

Field Configuration
Template Fields Preplace name, date, signature, and legal description fields
Signer Order Set order: grantor, notary, grantee
Authentication Require email plus SMS code for signers
Attachments Attach title commitment and transfers tax forms
Recording Options Enable eRecording or export PDF for county submission

eSignature Vendor Comparison for Deed Workflows

Comparison of common eSignature providers and features relevant when executing and managing Warranty Deeds in real estate workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Available (Premium) Available (varies) Available (varies) Available (varies) Available (varies)
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions about Warranty Deeds

Common questions about executing, notarizing, recording, and eSigning Warranty Deeds, including legal validity and practical steps, are answered below.


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