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.
Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.
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.
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.
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.
A special warranty deed is a deed to real estate where the seller of the property—known as the grantor—warrants only against anything that occurred during their physical ownership. In other words, the grantor doesn't guarantee against any defects in clear title that existed before they took possession of the property.
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.
Unlike a warranty deed or special warranty deed, a quitclaim deed makes no assurances whatsoever about the property. The Grantor is not promising that title is clean; in fact, the Grantor isn't even promising that he or she owns the property!