What is a Warranty Deed?
When to use a Warranty Deed:
- You are selling or buying the property and want to have warranties against problems with the title included in the deed.
- You want to finalize the purchase of property with a person
- You are transferring ownership in a property to a trust.
- You own a business and you want to buy or sell real property.
|of , , , by the in docket number
for and in consideration of:
|, , , , , a single person, a married couple,
the following described real estate, situated in at , , , State of
Subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record the grantor hereby covenants with the Grantee(s) that Grantor is lawfully seized in fee simple of the above granted premises and has good right to sell and convey the same; and that Grantor, his heirs, executors and administrators shall warrant and defend the title unto the Grantee, his heirs and assigns against all lawful claims whatsoever.
Tax Parcel Number:
STATE OF ss:, ss:STATE OF , ss:
, COUNTY OF PARISH OF
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared, known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, _____ by , who are personally known to me or who have produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed same as their free act and deed.
On the _____ day of ____________________ in the year _________, before me, the undersigned, personally appeared _____________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical persons named in and who executed the above Warranty Deed, and acknowledged that such persons executed it as such persons' voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
Signature of person taking acknowledgment
Name typed, printed, or stamped
Title (and Rank)
Title or rank
My commission expires _____________
Serial number (if applicable)
Serial number, if any
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________________________ (Notary Seal)
Signature of Notary Public
The document should be signed in the presence of a notary public so that the agreement can be recorded in the public records. Each page of your deed needs a minimum of a 1-inch margin on all sides. Do not allow signatures of the notary stamp to run into these margins.
Oregon state law requires that all deeds be recorded no more than 15 days after being signed. As a number of counties in Arkansas have two county seats you should make certain you are recording the deed in the correct office.
Prior to filing your deed you will need to complete Real Estate Transfer Tax Form PT-61. To electronically file this form you visit http://www.gsccca.org/efiling/pt61/
Most counties will not accept your deed for recording until proof all transfer taxes have been paid. Some towns will affix a town stamp to the deed when you have paid the required taxes.
A cover sheet must be created through ACRIS (Automated City Register Information System) www. nyc.gov before the deed can be recorded.
A Transfer Tax Affidavit (TP-584) must filed with this deed and any conveyance of real property from a grantor to a grantee. This form needs to be filed with the county clerk no later than fifteen (15) days after the delivery of the deed affecting the conveyance. This form can be found at the New York State Department of Taxation and Finance website.
In Schedule C of the Transfer Tax Affidavit, the amount of consideration needs to be stated even if it is $0.00. New York State imposes a real estate transfer tax on conveyances of real property or interests therein when the consideration exceeds $500.
Tax is computed at a rate of two dollars for each $500, or fractional part thereof, of consideration. An additional real estate transfer tax (sometimes referred to as the "mansion tax") of 1% of the sale price applies to residences where consideration is $1 million or more.
The Transfer Tax Affidavit must have at least one signature. If the affidavit is signed by a Power of Attorney, a copy of the Power of Attorney needs to be included with the deed.
Additionally, an original Real Property Transfer Report (RP-5217) needs to be submitted when this Warranty deed is filed. This form can be found at the county recorder's office or can be ordered online at the New York State Department of Taxation and Finance website. This form cannot be submitted online though. A filing fee will be applied to this form and buyer and seller signatures will be required.
Finally, a Nonresidential Real Property Estimated Income Tax Payment Form (IT-2663) should be submitted with full payment of estimated tax due, if any, at the time this Warranty deed is filed.
Cattaraugus County and Chautaugua County require a carbon copy of the information contained in the deed, not the deed, for each of the townships affected by the deed. The information needed in this information sheet includes: Date of conveyance, Consideration given, Name of Grantor(s) and Grantee(s), Mailing Address of the Grantee(s) and the Legal Description of the property conveyed.
If you are a resident of Cook County and this Warranty Deed is for a transfer of residential real estate:
Grantor must sign the deed in front a notary. The notary is required by law to get the Grantor's right thumb print on their Notary Report.
Unless your notary is an employee of a principal, employee or agent of a Title Insurance Company, Title Insurance Agent, Financial Institution or attorney, the notary must deliver an original Notarial Record within 14 days of notarizing the document to the Recorder of Deeds of Cook County along with a filing fee of $5.00. If your notary is one of the above they may retain the record at their place of employment
Ask the Registry Employee prior to recording your deed to verify if you deed should be recorded or registered. The deed will be invalid if it is recorded or registered in the wrong place.
Additional Documents Required to File with Your Warranty Deed:
An Illinois Declaration of Value form must be filed with your deed. You will need to obtain this form from your County Recorder.
The Grantor must fill out a Declaration of Value, Ground Water Hazard Statement and pay transfer taxes on the property before the deed will be accepted for recording.
A Nevada Declaration of Value form must be filed with your deed. You will need to obtain this form from your County Recorder.
Real Estate Transfer Statement Form 521 will need to be completed and filed with your deed. You can obtain this form from your County Recorder or online at http://www.co.cheyenne.ne.us/Form521.pdf.
Within 30 days of recording your deed you will need to file a Declaration of Consideration statement with the Department of Revenue Administration. This form can be found on the New Hampshire Department of Revenue Administration Website.
Each County has its own transfer tax and property ownership forms, which must be filed and recorded with your deed. You can obtain these forms by contacting the County Registrars Office where the property being transferred is located.
A Certificate of Real Estate Value must be filed with your deed. You will need to contact your County Recorders Office to obtain this form.
Preliminary Change in Ownership Form must be completed and filed with your deed. You can complete this form at the County Assessor's Office when you file your Warranty Deed.
Affidavit of Consideration: Must be completed and filed with your deed if:
a) If the full consideration is not stated in the deed
b) When an exemption to Realty Transfer Fee is claimed
c) If the transfer involves Class 4 property (commercial, industrial or apartments)
d) If the transfer involves "new construction"
Click here if you would like to print this form:
Statement of Value must be filed with your deed in duplicate-
Real Estate Transfer Tax (Form PT-61) form must be filed prior to recording your deed (This form should be completed and submitted online at http://www.gsccca.org/efiling/pt61/)
Real Estate Excise Tax Affidavit must be filed with your deed
If you are in Asotin, Clark, Pacific, Skamania or Whatcom County you will need to contact your County Treasurer or Recorder to get the correct Affidavit.
Real Estate Excise Tax Supplemental Affidavit must be filed in addition to the Real Estate Excise Tax Affidavit with your deed if you are claiming an exemption to the tax
Affidavit of Property Value will be provided by your County Recorder if it is required
State of Maryland Land Instrument Intake Sheet must be filed with your deed
Well Disclosure Statement must be filed with your deed if wells are on the property being transferred and the number of wells has changed since the last Well Disclosure Statement was filed.
In the Parish of Orleans, the Clerk of Court and Ex-Officio Register of Conveyances and Records of Mortgages will need to provide you with a certificate that will be attached to your deed stating the Grantor owns the property free and clear of debt. Make sure you obtain this certificate prior to recording your deed.
It will be necessary for either a Grantor or Grantee to execute the consideration statement at the end of this deed verifying the amount of the consideration paid.
Warranty Deed FAQs
What information do I need to make a Warranty Deed?
You'll need to have some information at the ready to create your Warranty Deed but most of it you probably know off hand. We'll guide you through the process with our step-by-step process so all you'll have to do is answer a few simple questions. Here are some of the key provisions in a Warranty Deed:
- Property address, parcel number and legal description of property that is being granted: The legal description may be found on the Seller's Deed. The parcel number is listed on the property's tax statement. Alternatively, both the legal description and parcel number may be obtained from the office where property taxes are paid in the city, county or parish where the property is located.
- Names and addresses of parties to the Warranty Deed: This includes the Seller and Buyer of the property. The Seller's name must be as it appears on the current deed or property tax statement. The Buyer's name should be how Buyer wants it to appear on the Warranty Deed. Addresses for the parties should be their physical address, include the county where they live and cannot be a post office box.
- County and State where Seller will sign the Warranty Deed.
- Specify the party that will receive the original recorded deed: This may be the Seller, Buyer, Trustee or Attorney who will receive the original recorded deed. You may also receive copies from the Recorder's office.
- Specify whether or not money is being exchanged for transfer of property: Typically no money is transferred if there is a simple change to the property title (i.e., misspelled name) or if the transfer is between family members. If money is being exchanged, specify the amount.
What additional information shoud I consider including?
The following are additional or optional terms that you may want to include in your Warranty Deed:
- Specify whether Seller will reserve any interest in the property's oil, gas or other mineral rights: If yes, specify percentage of rights retained.
- Specify whether Seller will reserve a life estate interest in the property being transferred: This means that the Seller will retain an ownership interest in the property until death.
How is a Warranty Deed signed?
In order to make the Warranty Deed legally binding, the Seller needs to sign it front of a notary public. Then signed and notarized deed must be filed at the city or county office for recording property documents. Before filing with this office all previously billed property taxes must be paid in full.
What are some other real estate documents that I might need?
Warranty Deeds are just one of the property forms and agreements we offer. Here are some of our most popular options:
If you have any questions about what's right for you and your business, consult one of our contracted lawyers for legal advice.
Learn more about Warranty Deeds in your state
Choose the state where your property is located
Pick a state: