A special warranty deed is a type of deed that offers the grantee (the person receiving the deed) certain guarantees about the title of the property. Specifically, the grantor (the person transferring the deed) warrants that they have not conveyed the title to anyone else during the time they held it, and that there are no claims or encumbrances on the property other than those listed in the deed. The grantor does not guarantee the title against any claims or encumbrances that existed prior to their ownership.
Benefits And Drawbacks Of Using A Special Warranty Deed
A special warranty deed is a type of deed used in real estate transactions to transfer title from one party to another. The special warranty deed provides the buyer with certain guarantees regarding the condition of the property, and is generally considered less riskier for the buyer than a general warranty deed. However, there are both advantages and disadvantages associated with using a special warranty deed that should be taken into consideration before deciding to use one.
The primary advantage of using a special warranty deed is that it provides additional protection to the buyer. The special warranty deed limits the seller’s liability to any legal claims or defects that arose during the time they owned the property. This means that if any legal issues arise after the seller has transferred ownership, the seller will not be held responsible. Additionally, the special warranty deed allows the buyer to have the assurance that they will receive title to the property free and clear of any liens or encumbrances that may have been placed on the property while it was owned by the seller.
The main disadvantage of using a special warranty deed is that it does not provide the same level of protection as a general warranty deed. A general warranty deed guarantees that the seller will defend the title to the property against any claims that may arise from previous owners. This type of protection is not provided with a special warranty deed. Additionally, the special warranty deed does not cover any latent defects that may exist on the property, such as those related to zoning or building codes. This means that the buyer is taking on more risk when using a special warranty deed and may need to take additional steps to protect their investment.
Overall, a special warranty deed can be a useful tool for transferring title to a property. However, buyers should carefully consider the advantages and disadvantages associated with using this type of deed before making a decision. It is important to weigh the risks and benefits of using a special warranty deed to ensure that it is the right choice for your particular situation.
How to Fill A Special Warranty Deed: Step-by-Step Tutorial
Step 1: Gather the necessary documents. You will need to have a copy of the deed, the grantor’s name and address, the grantee’s name and address, the legal description of the property, the amount of consideration (if any), the date of the deed, and the signatures of the grantor and grantee.
Step 2: Prepare the special warranty deed. This document should include all of the information gathered in Step 1. It should also include a statement that the grantor is warranting only against title defect caused by their own actions during the time they owned the property.
Step 3: Have the deed notarized. The deed must be signed by both the grantor and grantee in the presence of a notary public.
Step 4: File the deed with the county clerk’s office. The deed must be filed with the county clerk in the county where the property is located. The clerk will then record the deed and assign it a recording number.
Step 5: Get a certified copy of the deed from the county clerk. This is an important step, as it serves as proof that the deed has been legally recorded.