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Special Warranty Deed

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ARIZONA SPECIAL WARRANTY TIMESHARE DEED

[Husband and Wife / Two Individuals to an Individual]

© 2016 - U.S. Legal Forms, Inc.

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FORMS TO BE FILED WITH THIS INSTRUMENT:

There must be appended to the deed an affidavit stating the value of the property and other information. Forms for this affidavit may be obtained from the Arizona Department of Revenue. See form No. 82162 entitled “Affidavit of Property Value” at:

http://www.azdor.gov/Forms/Property.aspx

Note the "exemption codes” that must be placed in the form if applicable. For example:

"Affidavit of Property Value: attached Exempt under § 11-1134-B3"

DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Arizona. All information and Forms are subject to this Disclaimer:

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This document prepared by (and after recording return to):

Name:

Firm:

Address:

Phone:

Affidavit of Property Value: attached Exempt under § 11-1134-

SPECIAL WARRANTY TIMESHARE DEED

THIS INDENTURE, made this day between:

GRANTORS:

Husband and Wife, and

AND

GRANTEE:

whose address is

WITNESSETH, that Grantors, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantors in hand paid by Grantee, the receipt whereof is hereby acknowledged, do hereby grant and convey to Grantee, and Grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in the County of

Arizona, to-wit:

Unit (Week and Share ) in

(Name of property of which the timeshare is a part), being a timeshare estate subject to a timeshare plan created under the Arizona Statutes, by a timeshare declaration dated and recorded on

(date) in the Office of the Recorder for

County, Arizona, at Docket Page

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

County, Arizona.

SUBJECT TO: Current taxes, assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions and restrictions as may appear of record, and the following:

AND THE SAID Grantors will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of those persons claiming by, through or under Grantors, but not otherwise.

IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year written below.

Date:

(Grantor's Signature)

Print Name

Date:

(Grantor's Signature)

Print Name

State of Arizona, County of

The foregoing instrument was acknowledged before me this day of

by

Notary Public

Print or Type Name

My Commission Expires:

State of Arizona, County of

The foregoing instrument was acknowledged before me this day of

by

Notary Public

Print or Type Name

My Commission Expires:

Enter text

What a Special Warranty Deed Is and how it differs

The Special Warranty Deed is a real estate instrument used to transfer title with limited seller assurances: the seller warrants against title defects or encumbrances only during the period of the seller’s ownership. It does not cover defects originating before the seller acquired the property. Parties commonly choose this deed when the seller wants to limit post-closing liability while still providing basic protections such as the covenant of seisin and covenant against grantor encumbrances.

Why a Special Warranty Deed is chosen in many transfers

A Special Warranty Deed narrows seller exposure to title defects arising during the seller’s ownership while protecting the buyer against issues created by that seller. It balances buyer protection and seller risk allocation, often used in commercial sales, bank-owned property transfers, and negotiated residential deals where historical title problems are limited or insured separately.

Why a Special Warranty Deed is chosen in many transfers

Who typically prepares and relies on this deed

Common users include sellers, buyers, title companies, and lenders involved in property transfers requiring limited warranties.

  • Residential and commercial sellers who want to limit post-sale warranty exposure.
  • Buyers accepting limited recourse in exchange for negotiated price or risk adjustments.
  • Title companies and lenders reviewing deed language for underwriting and loan compliance.

Determine roles early and confirm the chosen Special Warranty Deed meets title insurance, lender requirements, and local recording office standards.

Typical signers and their responsibilities

Grantor — Seller

The individual or entity transferring title; must have legal authority to convey, sign in correct capacity, and provide accurate legal name and ownership facts to avoid post-closing challenges.

Grantee — Buyer

The recipient of title; should verify legal description, confirm title insurance coverage, and ensure deed language meets lender and insurer conditions before recording.

Core elements to include in a professional Special Warranty Deed

A complete Special Warranty Deed clearly identifies parties, describes the property precisely, includes grant and limited warranty language, states consideration, and contains proper acknowledgment for recording.

Parties

Full legal names and capacities for grantor and grantee; corporate or trustee signatories must show authority and capacity to convey property.

Legal Description

A metes-and-bounds or recorded-lot description exactly matching county records; errors here can cause recording rejection or title defects.

Grant Clause

Plain language transferring title from grantor to grantee, specifying the estate conveyed (fee simple, etc.) and effective date of conveyance.

Limited Warranty

Explicit statement that warranties cover only defects arising during the grantor’s ownership, distinguishing this deed from a general warranty deed.

Consideration

Recitation of the purchase price or other consideration; specific dollar amounts help avoid ambiguities in tax or recording contexts.

Acknowledgment

Notary acknowledgement and any witness signatures required for recording in the relevant county recorder’s office.

Step-by-step: prepare, sign, and record the deed

Follow these sequential steps to prepare, sign, notarize, and record a Special Warranty Deed to ensure valid conveyance and proper title transfer.

  • 01
    Draft Deed: Enter parties, legal description, consideration, and limited warranty language.
  • 02
    Review with Title: Confirm wording with title company and lender conditions before signing.
  • 03
    Sign and Notarize: Grantor signs before a notary; witnesses if the state requires them.
  • 04
    Record Deed: Submit to county recorder for indexing and obtain recorded copy.

Configuring a digital workflow for the deed

Set up fields and steps to capture signatures, notarization, and a recording copy in a controlled workflow.

Field Configuration
Signature Require signer name, signature, and date; lock after signing.
Notary Acknowledgement Include a dedicated notary block; enable authoritative text templates.
Recording Copy Flag a copy to be converted to PDF/A for county submission.
Authentication Use at least email or SMS code; consider stronger verification for high-value transfers.

Where the deed goes after signing

The executed deed is notarized, a recorded copy is obtained, and parties and title/lenders receive documentation for closing and underwriting.

  • Prepare Document: Finalize deed and obtain all signatures and acknowledgements.
  • Notarize: Notary completes acknowledgement and records notarial certificate.
  • Record with County: Submit to the county recorder for official indexing.
  • Distribute Copies: Provide recorded copies to buyer, seller, title insurer, and lender.

Digital signing and file requirements

Use electronic workflows for signature collection but confirm the recorder and insurer accept the resulting PDF and notarial format.

  • Supported Formats: PDF, DOCX, PDF/A compatible
  • Integrations: Salesforce, NetSuite, Google Workspace supported
  • Authentication: Email, SMS code, or advanced methods

eSignature vendor comparison for executing and distributing deeds

Compare core pricing and compliance capabilities for eSignature platforms commonly considered for deed execution; signNow appears first for reference.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of online deed execution

Signers and firms use digital workflows and eSignature platforms to accelerate deed execution and distribution while preserving compliance records.

Martin Properties

Tim Martin said their team can process and execute documents online reliably.

  • He noted full compliance and mobile access.
  • The firm reduced turnaround times for property closings by replacing in-person signings with verified eSignature workflows and consistent recorded outputs.

Optica Ventures LLC

Brian Fitzgibbons emphasized the interface simplicity for teams and customers.

  • Quick adoption drove fewer errors.
  • The company streamlined deed circulation to title and escrow, improving closing visibility and reducing manual rekeying during underwriting.

Key security and compliance features to verify

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encrypted storage
Audit Trail: Comprehensive signing history
ESIGN / UETA: Compliant with ESIGN and UETA
HIPAA: BAA available for PHI
Certifications: SOC 2 Type II and ISO 27001

Common mistakes to avoid when preparing the deed

  • Using an imprecise or incorrect legal description that does not match county records, which can delay recording or impair title insurance coverage.
  • Listing the grantor or grantee under an informal or incorrect name variant; mismatched names often trigger acceptance rejection or later conveyance disputes.
  • Failing to obtain or complete the required notary acknowledgement or witness signatures per the recorder’s requirements, causing recording rejection or administrative delay.
  • Neglecting to coordinate deed language with the lender and title insurer, creating underwriting exceptions or closing delays that require deed amendments.

Risks and potential consequences of errors

Title Challenges: Litigation or quiet-title actions
Recording Rejection: Clerk returns deed; delay
Insurance Denial: Title insurer may limit coverage
Tax Impact: Proration or reporting issues
Lien Exposure: Mechanic liens may attach
Civil Claims: Buyer or third-party lawsuits

Timing considerations and typical deadlines

Plan timing for recording, tax proration, and lender conditions to ensure smooth post-closing processing.

Record Promptly:

Record the deed as soon as possible after closing to establish public notice.

Tax Proration:

Coordinate the effective date for correct property tax proration at closing.

Title Insurance Effective Date:

Confirm the policy effective date aligns with the deed vesting date.

Mortgage Payoff:

Coordinate recording with lien release or reconveyance requirements.

Escrow Closing Deadline:

Ensure deed is delivered to escrow for recording within agreed closing timeline.

Frequently asked questions about Special Warranty Deeds

Answers to common questions about execution, notarization, e-signing, recording, and correcting Special Warranty Deeds.


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