Special Warranty Deed
What is Special Warranty Deed?
A Special Warranty Deed is a legal document that transfers ownership of real estate property from one party to another. This type of deed differs from a General Warranty Deed in that it only guarantees the title during the ownership period of the seller, limiting the responsibility of the seller for any defects or claims against the title that may have occurred before their ownership.
What are the types of Special Warranty Deed?
There are two main types of Special Warranty Deeds:
Special Warranty Deed - Full Covenant of Warranty: This type of deed provides the highest level of protection for the buyer, as it guarantees the title against any claims or defects, not only during the seller's ownership but also prior to their ownership.
Special Warranty Deed - Limited Covenant of Warranty: This type of deed only guarantees the title during the seller's ownership period, excluding any claims or defects that may have existed before their ownership.
How to complete Special Warranty Deed
Completing a Special Warranty Deed involves the following steps:
01
Obtain the necessary form: You can find a Special Warranty Deed form online or consult with a real estate attorney to draft one for you.
02
Fill in the details: Provide accurate information about the property, buyer, seller, and any other relevant parties.
03
Include the legal description: Identify the property by providing a detailed legal description, including lot numbers, block numbers, and any other relevant information.
04
Sign the deed: Both the seller and buyer need to sign the deed in the presence of a notary public.
05
Record the deed: File the completed deed with the appropriate county recorder's office to make it a matter of public record.
06
Keep a copy: Make sure to keep a copy of the completed and recorded Special Warranty Deed for your records.
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Questions & answers
Who signs a special warranty deed in Texas?
After gathering either two Witnesses or a Notary Public, the Texas Grantor must sign his or her name. Keep in mind that the Texas County Recorder's Office where this paperwork is filed will only accept this document if it can be shown that the Texas Grantor's signature was properly witnessed or notarized.
Can I prepare my own warranty deed in Florida?
The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state's legal regulations, to help avert any legal challenge to the deed later.
What is the most common type of warranty deed?
General warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. Unlike a quitclaim deed, a general warranty deed does confirm a grantor's ownership and a legal right to sell.
How do I fill out a warranty deed in Florida?
Warranty Deed Rules and Requirements The name and address of the current owner (also called the grantor) The name and address of the new owner (also called the grantee) Original signature of the grantor (note: the grantee does not need to sign the deed) Two witness signatures.
What is another name given to a special warranty deed?
Special warranty deeds go by many names in different states, including covenant deed, grant deed, and limited warranty deed. The guarantee covers only the period when the seller held title to the property with a special warranty deed.
Why would you use a special warranty deed in Texas?
The Texas special warranty deed form provides a limited warranty of title. With a special warranty deed, the person transferring the property guarantees that he or she has done nothing that would cause title problems, but makes no guarantees about what might have happened before he or she acquired the property.
