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Warranty Deed

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WARRANTY DEED FORM

Prepared by and Return to: (name and address)

WARRANTY DEED

(Husband and Wife to Husband and Wife)

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, and Husband and Wife, hereinafter referred to as "Grantors", does hereby grant, bargain, sell, convey, confirm, and warrant unto and Husband and Wife, as joint tenants with rights of survivorship, hereinafter “Grantees", the following lands and property, together with all improvements located thereon, lying in the County of , State of Nebraska, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

Warranty Deed

Page 1 of 3

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

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 Grantees, and unto Grantees' heirs and assigns forever, with all appurtenances thereunto belonging.

GRANTOR does for Grantor and Grantor's heirs, personal representatives, executors and assigns forever hereby covenant with GRANTEES that Grantor is lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; that Grantor has a good right to sell and convey the same as aforesaid; and to forever warrant and defend the title to the said lands against all claims whatever.

TO HAVE AND TO HOLD to the said Grantees as joint tenants, with right of survivorship, their heirs, personal representatives, executors and assigns forever: it being the intention of the parties to this conveyance, that (unless the joint tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in the event one Grantee herein survives the other, the entire interest in fee simple shall pass to the surviving Grantee, and if one does not survive the other, then the heirs and assigns of the Grantees herein shall take as tenants in common.

WITNESS Grantor(s) hand(s) this the day of 20

(1st Grantor's Signature)

Print Name

Warranty Deed

Page 2 of 3

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this (date) by .

Notary Public

Serial Number, if any:

Type or Print Name

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

Warranty Deed

Page 3 of 3

EXHIBIT A

(This page is typically for the attached legal description if the checkbox on page 1 is selected.)

Warranty Deed

Exhibit A

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What a Warranty Deed is and how it functions

A Warranty Deed is a legal instrument used to transfer real property that includes express guarantees from the grantor to the grantee about title quality and ownership. It typically contains covenants such as seisin, right to convey, covenant against encumbrances, and a promise to defend title against lawful claims. Warranty deeds create the broadest protection for buyers compared with quitclaim or special warranty deeds. In most U.S. jurisdictions a warranty deed must be signed by the grantor, notarized, and recorded in the county land records to provide public notice and preserve the new owner’s rights.

Why a Warranty Deed matters for buyers and lenders

A Warranty Deed gives the buyer the strongest assurances of clean title by transferring ownership and providing legal covenants against defects. It reduces buyer risk, supports clear title insurance underwriting, and creates enforceable recourse if prior defects or unknown liens surface after closing.

Why a Warranty Deed matters for buyers and lenders

Who commonly prepares or signs Warranty Deeds

Typical users include parties involved in real property transactions, their counsel, and title professionals handling transfers and recordings.

  • Home buyers and sellers obtain full title protection; sellers execute grantor warranties at closing.
  • Title companies and attorneys prepare, review, and record deeds; ensure chain of title integrity.
  • Lenders and servicers require mortgage lien release language and verify recorded security instruments.

Essential parts of a professional Warranty Deed

Core parts of a professional Warranty Deed define the grant, warranties, property description, and legal clauses that establish transferable, recorded title.

Granting Clause

Clearly expresses the grantor’s intent to convey specific property to the grantee; use precise language to avoid ambiguity about the estate conveyed.

Covenant of Seisin

Affirms the grantor owns the estate and has the right to convey; fundamental warranty used to support buyer’s title claims in litigation or insurance contexts.

Covenant Against Encumbrances

Guarantees the property is free of undisclosed liens, easements, or other encumbrances unless expressly listed, which affects insurability and lender acceptance.

Habendum Clause

Specifies the type and extent of the estate transferred (for example fee simple) and clarifies any limits or conditional rights reserved by the grantor.

Legal Description

A metes-and-bounds or lot-and-block legal description must match county records exactly; even small errors can void record notice or create boundary disputes that delay transfers.

Notary Acknowledgement

State-specific notary acknowledgement language is required for recording; confirm exact wording, witness counts, and any RON acceptance before notarization to ensure acceptability.

Required information and field checklist

Grantor: Full legal name exactly as ID.
Grantee: Full legal name as intended owner.
Legal Description: Parcel description matching county deed record.
Consideration: Dollar amount or recital of value.
Effective Date: Enter as MM/DD/YYYY format.
Notary: Acknowledgement with signature and seal.

Step-by-step: preparing and finalizing the Warranty Deed

Follow these core steps to prepare, sign, notarize, and record a Warranty Deed accurately.

  • 01
    Gather Documents: Obtain prior deed, tax parcel ID, and title report.
  • 02
    Complete Deed: Enter grantor, grantee, legal description, and consideration.
  • 03
    Notarize: Sign before a notary and obtain required witness acknowledgements.
  • 04
    Record: Submit to county recorder and obtain recorded copy.

How to set up an online signing and recording workflow

Configure an eSignature workflow that supports signature, notarization, authentication, and delivery to the recorder.

Field Configuration
Document upload and accepted formats PDF | PDF/A preferred, flattened and searchable
Field placement and requirements Signature | Grantor signature, notary, date fields
Authentication and verification Signer ID | Email + SMS code or ID verification
Recording request Recorder | County submission option or courier

Technical requirements for eSigning and eRecording

Ensure your signing platform supports notarization acknowledgements, secure storage, and PDF output compatible with county recorder systems.

  • File formats: PDF/A and DOCX supported for upload.
  • Integrations: Connects with title and storage systems.
  • Authentication: Email, SMS, KBA, or advanced ID.

Where to file, send, and store a recorded Warranty Deed

After signing and notarization, a Warranty Deed is typically delivered for recording and distributed to parties and title insurer.

  • Record with County: Submit signed deed to county recorder for indexing.
  • Send to Title: Provide copy to title company for policy issuance.
  • Notify Lender: Deliver recorded deed to mortgagee if applicable.
  • Distribute Copies: Share final PDF with all parties and retain originals.

Vendor pricing and compliance comparison for eSigning Warranty Deeds

A concise comparison of baseline pricing and core compliance features helps evaluate eSignature options suitable for notarized 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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Key timing considerations and deadlines

Timing affects priority, tax reporting, and lender requirements; act promptly after closing to avoid defects or lien priority issues.

Record Immediately:

Record the deed as soon as possible to protect priority against subsequent claims.

Property Tax Assessment:

Notify assessor or check local deadlines to update ownership for tax billing.

IRS Statute of Limitations:

Retain financial records for at least 3 years per IRC §6501(a).

RON Session Retention:

If notarized remotely, audio-video recordings are typically retained 5–10 years.

Title Insurance Claims:

Report defects promptly; policies often impose prompt-notice provisions for claims.

Common preparation mistakes to avoid

  • Using a mailing address or abbreviated parcel description instead of the recorded legal description causes recording rejections and can impair clear title.
  • Entering a grantor name that differs from the recorded name triggers title company objections and may require a corrective deed or affidavit.
  • Failing to obtain required notary acknowledgement or state-mandated witnesses will usually prevent county acceptance and delay closing.
  • Neglecting to disclose known liens, easements, or judgments can create post-closing disputes and expose the grantor to breach claims and litigation.

Potential consequences of an incorrect Warranty Deed

Recording Delay: Priority loss risk.
Title Defect: Buyer exposure to claims.
Tax Consequences: Unreported transfer liability.
Forgery Risk: Voidable deed.
Notary Failure: Rejection by county.
Incorrect Names: Possible rejection, rescission.

Frequently asked questions about Warranty Deeds

Answers to common execution, recording, and validity questions when preparing, signing, or submitting a Warranty Deed.


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