What if the recorder rejects the deed?

If the county recorder rejects the deed, review the rejection reason, correct the error (for example, legal description or notary wording), and resubmit with any required fee. Some counties return the original for correction; others require a refiled instrument.

Can a deed be signed electronically?

Electronic signatures are legally acceptable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, but check county eRecording rules and whether a wet-notary or RON acknowledgement is required for recordability.

Are witnesses always required?

Witness requirements vary by state; some states (e.g., Florida) require two witnesses for deeds. Verify the applicable state statute or county practice before execution to ensure compliance.

How to correct a signed but unrecorded deed?

If a signed deed contains errors, do not record it. Prepare a corrected deed or corrective instrument (e.g., reformation or corrective affidavit) and re-execute with proper acknowledgements before recording.

Does a warranty deed remove existing liens?

No. A deed transfers title but does not extinguish valid recorded liens or mortgages. Ensure lien releases or reconveyances are obtained prior to closing if clear title is required.

What proof should I retain after recording?

Keep the recorded, stamped copy of the deed, county receipt, title insurance policy, and closing statements. These documents support ownership claims and may be required in audits or disputes.

Electronic Signature
Templates
Legal
Real Estate Warranty Deed

Real Estate Warranty Deed

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REAL ESTATE WARRANTY DEED

THIS DEED, made this day of , , by Grantor Name: , whose mailing address is , to Grantee Name: , whose mailing address is .

RECITALS

WHEREAS, Grantor is the lawful owner in fee simple of the real property described below and has the right to convey the same; and

WHEREAS, Grantor desires to grant, bargain, sell and convey to Grantee, and Grantee desires to accept, all of Grantor's right, title and interest in and to such property subject to the exceptions and reservations set forth herein.

WHEREAS, the consideration for this conveyance is the sum of lawful money of the United States, receipt of which is acknowledged by Grantor.

NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and warrant unto Grantee, and Grantee's heirs and assigns forever, the real property described in Section 1 below, together with all improvements thereon and appurtenances thereto, subject to the exceptions and reservations set forth herein.

1. LEGAL DESCRIPTION OF PROPERTY

Legal Description:

2. HABENDUM

To have and to hold the said premises, together with the appurtenances and every part and parcel thereof, unto Grantee and Grantee's heirs and assigns forever, and Grantor does hereby bind Grantor and Grantor's heirs, executors and administrators to warrant and forever defend the title to the said premises unto Grantee and Grantee's heirs and assigns against the lawful claims and demands of all persons claiming by, through or under Grantor, but not against the lawful claims and demands of persons claiming by, through or under Grantee except as expressly set forth in this Deed.

3. COVENANTS AND WARRANTIES

Grantor covenants with Grantee that Grantor is lawfully seized of the premises in fee simple; that the premises are free from all encumbrances made by Grantor except those shown as exceptions in Section 6; that Grantor has good right to sell and convey the same; and that Grantor will warrant and defend the same against the lawful claims of all persons claiming by, through or under Grantor.

4. EXCEPTIONS AND RESERVATIONS

Exceptions, Reservations, and Easements (if any):

5. TAXES AND ASSESSMENTS

Real estate taxes, assessments, and public charges for the current year shall be apportioned between Grantor and Grantee as of the date of delivery of this Deed, provided that nothing herein shall be deemed to impair the rights of any taxing authority to collect taxes from either party according to law. Any unpaid general real estate taxes and special assessments which are liens on the property at the time of conveyance are hereby disclosed as existing liens except as otherwise set forth in Section 4.

6. DELIVERY, POSSESSION AND RECORDING

Grantor covenants that Grantor has the authority to deliver this Deed, that Grantor will execute such further instruments and take such actions as may be reasonably necessary to transfer good and marketable title to Grantee, and that possession of the premises shall be delivered to Grantee upon the date of recordation of this Deed unless otherwise agreed in writing.

7. INDEMNITY

Grantor shall defend, indemnify and hold Grantee harmless from and against any loss, liability, cost or expense (including reasonable attorneys' fees) arising from any breach of the covenants, warranties or representations contained in this Deed or claims for which Grantor has warranted title, except to the extent such loss results from matters expressly set forth in Section 4.

8. NOTICES

Notices to Grantor: Notices to Grantee:

9. MISCELLANEOUS

Governing Law: This Deed shall be governed by and construed in accordance with the laws of the State where the real property is located.

State Governing Law:

Entire Agreement: This Deed, together with any exhibits or attachments, constitutes the entire agreement between the parties concerning the property herein conveyed and supersedes all prior agreements, understandings and representations, whether oral or written.

Severability: If any provision of this Deed is held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Amendments; Waiver: No amendment, modification, or waiver of any provision of this Deed shall be effective unless in writing and signed by the party against whom enforcement is sought. No waiver of any breach shall constitute a waiver of any other breach.

10. RECORDING

Grantor requests that this Deed, when properly executed, be recorded in the Office of the County Recorder of in the State of .

ACKNOWLEDGMENT

The parties acknowledge that this instrument may require acknowledgment by a notary public to be effective for recording. The form and content of such acknowledgment shall conform to the requirements of the applicable jurisdiction.

ADDITIONAL PROVISIONS

Additional Terms or Special Provisions:

Grantor Printed Name:

By (Signature):

Date:

Grantee Printed Name:

By (Signature):

Date:

What a Real Estate Warranty Deed Is and Why It Matters

A Real Estate Warranty Deed is a written instrument by which a grantor conveys ownership of real property and expressly guarantees title to the grantee. Unlike a quitclaim deed, a warranty deed includes covenants that the grantor holds clear title, has the right to convey, and will defend the grantee against lawful claims. Warranty deeds are typically used in residential and commercial purchases where the buyer needs protection against prior liens, encumbrances, or title defects. Recording the deed with the county recorder or land registry perfects notice and protects the new owner’s interests.

Why a Warranty Deed Is Often Preferred in Property Transfers

A warranty deed provides the strongest transfer assurance: it includes present and future covenants of title and creates an obligation for the grantor to defend against defects. For buyers, these assurances reduce title risk and simplify title insurance underwriting. For sellers, using a clear, correctly executed warranty deed helps avoid post‑closing disputes and claims of defective conveyance.

Who Typically Prepares, Signs, and Receives a Warranty Deed

Roles vary by transaction: some states require attorney involvement for closings, while others routinely use escrow or title firms to manage execution and recording.

Buyers and grantees: receive title and rely on covenants for protection against prior defects.
Sellers and grantors: prepare or deliver the deed to transfer ownership and provide title covenants.
Title companies / closing agents: review title, coordinate recording, and often insure against defects.

Core Elements Every Professional Warranty Deed Should Include

A well-drafted warranty deed combines precise property description, clear grantor/grantee identification, and enforceable covenants to protect both parties and support recording.

Grant Clause

A clear statement transferring ownership from grantor to grantee, using unambiguous language such as 'grants, bargains, and conveys'.

Legal Description

The full metes-and-bounds or recorded plat description that uniquely identifies the parcel; street addresses alone are insufficient.

Consideration

A specific statement of consideration (dollar amount or nominal value) to evidence the transfer and support recording requirements.

Warranty Covenants

Express promises—covenant of seisin, covenant against encumbrances, covenant of quiet enjoyment, covenant of further assurances—defining grantor obligations.

Execution Block

Signature lines with printed names, dates, and notary acknowledgement or jurat as required by state law for recordation.

Habendum Clause

Defines the extent of the estate granted (for example 'to have and to hold to grantee and heirs and assigns forever').

Required Information to Make the Deed Recordable

Full Legal Names: Grantor and grantee names exactly as their IDs

Property ID: Parcel number, lot number, or metes-and-bounds

Consideration Amount: Specific dollar amount

Legal Description: Complete recorded description

Execution Date: Date of signing

Notary Acknowledgement: State-compliant notary block

Step-by-Step: Completing a Warranty Deed

Follow these sequential steps to prepare, execute, and record a warranty deed correctly to preserve title protections and ensure marketable transfer.

01

Prepare Draft: Assemble names, legal description, and consideration.
02

Add Covenants: Include standard warranty covenants and habendum clause.
03

Execute Before Notary: Grantor signs in notary presence; witnesses if state requires.
04

Record Deed: Submit to county recorder with required fee and documents.

How to Configure an Online Signing Workflow

Set up an ordered digital workflow so each party signs in the correct sequence and the final signed deed is formatted for county recording.

Field	Configuration
Signature Order	Sequential signing: grantor then grantee then witness/notary
Authentication Level	Use email + SMS code or ID verification for grantor identity
Notary Support	Enable RON or in-person acknowledgment per state rules
Final PDF Format	Flatten signatures and include certificate of completion

Where to File and How the Recording Process Works

Recording a deed provides public notice and establishes priority; the county recorder or land registry office in the property's county is the filing destination.

Prepare Package: Signed deed, recording fee, and any transfer tax forms
Deliver to Recorder: Mail, in-person, or electronic upload to county office
Pay Fees: Include checks or online payment per county rules
Receive Receipt: Recorder returns stamped recorded deed and index details

Digital Signing and eRecording Considerations

Check county recording rules before finalizing the e-signed deed; integration with title software or eRecording vendors is common for streamlined filing.

File Format: Use flattened PDF/A where supported
Notary Method: RON allowed or in-person per state
Authentication: Use multi-factor for identity assurance

Timing and Recording Deadlines to Watch

Timely recording preserves priority against subsequent claims. Some local taxes or transfer forms have separate submission deadlines tied to closing.

Recording Timing:

Record promptly after closing to protect priority and notice

Transfer Tax Forms:

Some counties require filing concurrent with recording

Mortgage Payoff:

Ensure liens are released before or at recording

Property Tax Proration:

Address proration date in closing documents

Title Insurance:

Deliver final policy after recorded deed is returned

Common Mistakes That Cause Recording Delays or Title Issues

Incomplete legal descriptions or reliance on street addresses alone, which can lead county recorders to reject the deed and delay recording.
Mismatched grantor/grantee names compared to IDs or prior records, which can create indexing errors and title disputes later.
Missing or incorrect notary acknowledgement wording, commission data, or witness signatures where state law requires them, causing rejection.
Failure to pay or include required transfer tax, documentary stamps, or recording fees, which many recorders will not accept.

Risks and Consequences of Defective or Unrecorded Deeds

Unrecorded Transfer: May be subordinate to later-recorded interests

Title Claims: Buyers face lawsuits for undisclosed liens

Insurance Denial: Title insurers may dispute coverage for defects

Recording Rejection: Clerical errors can cause refusal to record

Tax Exposure: Incorrect transfer tax leads to penalties

Fraud Risk: Improper executions increase fraud vulnerability

eSignature Vendor Comparison for Executing and Managing Deeds

When choosing an eSignature provider for warranty deeds, compare price, HIPAA compliance, bulk send, and envelope or usage limits; signNow is shown first for parity.

	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 vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About Warranty Deeds

Answers to common issues when preparing, signing, notarizing, and recording a Real Estate Warranty Deed to reduce rejections and legal risk.

Need help? Contact support

What if the recorder rejects the deed?
If the county recorder rejects the deed, review the rejection reason, correct the error (for example, legal description or notary wording), and resubmit with any required fee. Some counties return the original for correction; others require a refiled instrument.
Can a deed be signed electronically?
Electronic signatures are legally acceptable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, but check county eRecording rules and whether a wet-notary or RON acknowledgement is required for recordability.
Are witnesses always required?
Witness requirements vary by state; some states (e.g., Florida) require two witnesses for deeds. Verify the applicable state statute or county practice before execution to ensure compliance.
How to correct a signed but unrecorded deed?
If a signed deed contains errors, do not record it. Prepare a corrected deed or corrective instrument (e.g., reformation or corrective affidavit) and re-execute with proper acknowledgements before recording.
Does a warranty deed remove existing liens?
No. A deed transfers title but does not extinguish valid recorded liens or mortgages. Ensure lien releases or reconveyances are obtained prior to closing if clear title is required.
What proof should I retain after recording?
Keep the recorded, stamped copy of the deed, county receipt, title insurance policy, and closing statements. These documents support ownership claims and may be required in audits or disputes.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now