This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Special Warranty Deeds are frequently used in commercial real estate transactions and foreclosure sales. In commercial transactions, sellers might prefer this type of deed to limit their liability to issues they directly caused.
Often times it is best to outsource the deed preparation process to a compliant third party when the attorney that prepared a trust for their client is not licensed in the state where the property needs to be conveyed. Some attorneys may choose to not assist their clients with out of state deed preparation.
Your deed needs to be filed with your County Clerk's or Recorder's Office. The special warranty deed will become a matter of public record and will be able to be viewed if a title search is conducted.
Preparation of the Deed: The seller prepares the warranty deed, detailing the grantor's and grantee's information, the legal description of the property, and the statement of conveyance.
A Michigan special warranty deed is used to transfer property in Michigan with a limited guarantee as to the cleanliness of the title. With this type of deed, the grantor is certifying that he or she did not transfer any interest in the property to another while he or she owned it.
Please note: South Carolina is an Attorney State when it comes to Deed preparation. Any preparation by an individual is considered an unauthorized practice of law. UCC Forms - Click on the SC Secretary of State's Web site below.
Once you obtain the correct form, you must fill it in completely. Both the grantor and the grantee must sign it, usually in the presence of a notary. Then the deed must be filed in the county registrar's office to be legally enforceable.
Purchasing Real Property Any attorney or title company can do a title search and prepare your deed. It is illegal for the Chancery Clerk's Office to search these records or prepare your deed. Before recording your deed it must contain the following: Signature of seller or sellers - notarized.
A mortgage company typically prepares the general warranty deed. As a home buyer, it's critical to review your local laws to know what a seller should disclose to you during the home buying process.