Transfer ownership of property to a new owner: Warranty Deed
What we’ll cover
What is a Warranty Deed?
A Warranty Deed is commonly used to transfer interest in a property or land to a new owner in exchange for an agreed upon sale price. Warranty Deeds are a common method of transfer as they provide a buyer with guarantees that the property being purchased is free of debt or other liens, and that a seller has the authority to sell the property.
For a Warranty Deed, the seller agrees to defend the title to the property against any claims whatsoever against the title that result from under any prior ownership including the sellers' ownership. For example, a mortgage on the property that has not been fully paid. Without a Warranty Deed, the buyer has limited recourse in holding the seller liable for the unpaid mortgage. While the buyer does not become responsible for paying the mortgage the buyer will likely be unable to sell the property due to the cloud of title caused by the attached mortgage.
Making your own Warranty Deed with Rocket Lawyer is as easy as answering a few questions. Get started now!
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 or business.
- You are transferring ownership in a property to a trust.
- You own a business and you want to buy or sell real property.
Have questions about your Warranty Deed?
Whether you're preparing your Warranty Deed, reviewing one someone sent you, or just want to understand it better, here's how to get help.
- Understand what it says or review it. Use our AI legal assistant to ask questions about your Warranty Deed, understand what it says, and spot anything that may need a closer look.
- Ask an attorney a question. Connect with an attorney for legal information, with a written answer within one business day or a live consultation.
- Get advice on what to do. For privileged, confidential advice about your specific circumstances and next steps, book a Legal Advice Session with an attorney.
Sample Warranty Deed
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Consult an Attorney to ask questions or review your document
____________________________________________________________________
THE GRANTOR(S),
| - | 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
Legal Description:
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:
| DATED:___________________________ |
| __________________________________ |
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.
_________________________________
Notary Public
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
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
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
COUNTY OF
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
CountyParish
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.
Important Details
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:
www.state.nj.us/treasury/taxation/pdf/other_forms/lpt/rtf1ee.pdf
Statement of Value must be filed with your deed in duplicate-
www.revenue.state.pa.us/revenue/lib/revenue/rev-183.pdf
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
http://dor.wa.gov/Docs/forms/RealEstExcsTx/RealEstExTxAffid_E.pdf.
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
http://dor.wa.gov/content/getaformorpublication/formbysubject/forms_reet.aspx
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
http://www.courts.state.md.us/courtforms/circuit/intakesheet.html
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.
www.health.state.mn.us/divs/eh/wells/disclosures/certificateform.pdf
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.
About Warranty Deeds
Learn about how to transfer ownership of property to a new owner
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How do Warranty Deeds Work?
A Warranty Deed is a legally binding document that transfers ownership of real estate from a seller to a buyer. Over the course of a transaction, a title company provides a full title search on the property to see if there are any pressing concerns affecting the title due to past ownership.
What is a Warranty Deed grantor?
The grantor is the owner (all or partial) of the property being transferred by the Warranty Deed. The grantor could be a single person (or people) or an entity like a trust. For example, if a husband and wife own property together, both must be listed as the grantor of the property.
The grantor only gives up their share of ownership in the property, but not their obligation to mortgage payments for the property. The property must be refinanced if the loan is to be transferred to the grantee.
What is a Warranty Deed grantee?
The grantee is the person, persons, or entity such as a trust that is being granted rights to the property transferred by the Warranty Deed. All those being granted the property must be listed as the grantee.
What is the purpose of a Warranty Deed?
It serves to hold the grantor responsible for any breach after the title search, even if it happened before they owned the property or completely without their knowledge. It is, essentially, a guarantee that grantee will not be responsible for any past encumbrances.
When should the Warranty Deed be delivered?
During the closing of the sale, a Warranty Deed should be signed and witnessed following the state law of where the property is located. The deed is then filed, registered or recorded with the state or county where the property is located, and the grantee either retains a copy or receives a copy after the deed is recorded.
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What are the different types of Warranty Deeds?
Depending on your situation, maybe a general Warranty Deed is not the document you’re looking for. There are five common types, as follows:
1. General Warranty Deed
This is the standard, and the one that grants the buyer the best possible protection from future claims against the title.
While special might sound like a nice thing, this tends to be less beneficial for the buyer. It guarantees there has been no encumbrance of the property during the grantor’s ownership, but it doesn’t cover anything that transpired before then.
A Quitclaim Deed transfers ownership of real property from one party to another, and it is most often used for transfers that do not involve a sale or purchase of the property. It offers little protection to the person receiving the interest, so it is most often used between family members who have already established trust (such as gifting a house to a close relative, or a spouse leaving the marital home during the divorce with no financial involvement).
4. Deed in Lieu
This is mainly used when a person gives their mortgage lender the deed to their property to avoid having a foreclosure on their credit score. Once they give the lender the deed, the lender in turn releases their lien on the property and usually releases you from anything else you owe on the mortgage. Many homeowners seek these agreements when they owe more on their home than it is worth.
5. Special Purpose Deed
A special purpose deed allows those acting in an official capacity to make property transfers without incurring liability and are mainly used in court proceedings. A deed in lieu, for example, is a type of special purpose deed – the only type common for residential real estate.
If you have any questions as to which type of deed is right for your situation, do not hesitate to ask a lawyer.
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What should I include in the legal property description of my Warranty Deed?
It can be tricky to know exactly what kind of information should be included in a legal document if it’s not something you’re completely familiar with. For example, do you know what goes into the legal property description in a Warranty Deed?
The legal description is a formal description of the location of the property. In urban and suburban areas, the legal description implies which lot the property occupies. If you are in a rural area, the property description includes the boundaries and property lines with respect to the landmarks. The description often includes a tax parcel or tax assessor's number.
You can find the legal description in the title of the property. If you don't have a copy of the title, you can find a copy or obtain the legal description from the office in your city or county where taxes are paid on the property or where property deeds are registered.
If the legal description is too long or if it includes drawings or lines on a map, you may make a photocopy of the legal description to include with your deed when you file.
Don’t worry, you don’t need to know all of this by heart. With Rocket Lawyer, making a Warranty Deed takes only answering a few simple questions so you can focus on selling or buying your property.
Warranty Deed FAQs
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How to get a Warranty Deed?
If this is something you feel like your situation might call for but you do not know where to start, do not fret: with Rocket Lawyer, making your own Warranty Deed is free and only takes answering a few questions regarding the property, the buyer, and the seller.
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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 the buyer wants it to appear on the Warranty Deed. Addresses for the parties should be their physical address, including the county where they live and cannot be a post office box.
- County and state where the 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.
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What additional information shoud I consider including in my Warranty Deed?
The following are additional or optional terms that you may want to include in your Warranty Deed:
- Specify whether the seller will reserve any interest in the property's oil, gas or other mineral rights. If yes, specify the percentage of rights retained.
- Specify whether the 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.
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Are there differences in Warranty Deeds from state to state?
Although the Warranty Deed is fairly universal, yes, there are some differences state to state. Make sure you indicate the correct state and county in which the property is located when answering our questions. Doing this will ensure we ask you the right questions and the document takes the proper form.
Additionally, check with your state and county to see if there are any other requirements, fees, or additional documents to file along with your Warranty Deed. For example, some states require the disclosure of certain tax information and additional filing fees AFTER you have had your Warranty Deed recorded.
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How is a Warranty Deed signed?
In order to make the Warranty Deed legally binding, the seller needs to sign it in front of a notary public. The 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.
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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 an attorney for more information.
Warranty Deed checklist
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States with more specific Warranty Deeds
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