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What Is a Special Warranty Deed?
A special warranty deed allows a property owner (the grantor) to officially transfer their ownership to someone else (the grantee). The special warranty deed comes with a limited promise: a guarantee that the property’s title has been clear of any issues since they’ve owned it. But the seller is not responsible for anything that may have happened before they took possession.
Why Use a Special Warranty Deed?
Special warranty deeds are a practical choice when the seller doesn’t have complete knowledge of the property’s full history or doesn’t want to be on the hook for issues before their ownership. It offers a limited but clear guarantee: everything was fine while they owned it, but anything before that is out of their hands.
Here are common situations where a special warranty deed is used:
- Foreclosures: The bank or lender becomes the new owner after a foreclosure. They’ll typically only vouch for the property during the short time they’ve held it.
- Commercial Property Sales: These properties often change hands frequently. In these deals, sellers (usually businesses) want to limit their liability to just their period of ownership.
- Estate Transfers: If someone is settling a loved one’s estate and doesn’t have complete records on prior owners, they can use a special warranty deed to provide protection.
Special Warranty vs. General Warranty Deeds
With a special warranty deed, the seller promises that the property’s title was clean and free of issues when they owned it. No guarantees are made about what happened before they took over.
In contrast, a general warranty deed offers a broader promise. It covers the entire property history, meaning the seller is on the hook for any title issues, even those caused by previous owners.
Steps to File a Special Warranty Deed (Step-by-Step)
Step 1: Fill Out the Form
First, gather the required information. The online form above walks you through these fields step by step.
- Full legal names and marital status of both the grantor (current owner) and grantee (new owner)
- The legal description of the property (not just the street address)
- The purchase price or consideration, even if it’s symbolic (e.g., $1 for a gift)
- The county and state where the property is located
- The current ownership type (individual, joint ownership, business, or trust)
- A return address for where the finalized, recorded deed should be sent
- Any notary details required by your state
Step 2: Sign in Front of a Notary (or Witnesses)
Before the deed becomes official, it needs to be signed properly. In most states, that means the grantor must sign the document in front of a notary public. Some states require one or more witnesses to be present during the signing.
Step 3: Record the Deed with the County
Once the deed is signed and notarized, there’s one last (but essential) step: filing it with the county recorder or clerk’s office where the property is located. This officially records the transfer and makes it part of the public record.
Where to Record (By State)
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