[DISCARD THIS NOTES PAGES AFTER COMPLETION; THESE INSTRUCTIONS ARE NOT PART OF THE FORMS.]
WARRANTY DEED INSTRUCTIONS – NOTES
A Warranty Deed by definition is a deed which conveys the title to property whereby the seller guarantees the title to be good and unencumbered except as stated and agrees to defend and protect the purchaser against any loss that may arise in the future from any defect in the title at the time of conveyance. The warranty deed is the most common type of deed used to transfer property from one individual or business to another. Warranty deeds usually require that a title search be conducted to ensure that the property is free and clear of liens or encumbrances. Any lien or encumbrance discovered would effectively "cloud" the title of the property and make warranting the property risky or impossible. This deed can be used to conveying property from a seller to a purchaser in a variety of situations (for example, but not limited to, when a person or couple purchases a house from a homeowner and needs to transfer title or when a relative desires to name another person as the co-owner of a house or parcel of property that he or she currently owns by him or herself). This deed can be prepared to meet the specific situations below. When preparing this deed, and for ALL scenarios and situations involving the Buyer and Seller that may occur when using this deed, the following rules and requirements apply: The Sellers/Grantors must sign the deed in the presence of two witnesses. The witnesses must both sign and print their names. The purchasers do not have to sign the deed. On the deed, the Sellers must provide the legal description of the property – this description (which is NOT the address) legally identifies the property. This information is usually located on the deed for the property that is now filed on record. This information is also available from the county recorder or the real property records office in the county in which the property is located. It is CRUCIAL that this information be accurately set forth on the deed. The permanent parcel number and the book, volume, page and/or record number indicating where the deed was previously filed is generally available on the deed for the property that is now filed on record (i.e. the deed that transferred the property to the current Sellers/Grantors), or can obtained from the county recorder or the property records office in the county where the property is located. The Seller must also have the deed notarized – meaning that it must be signed in the presence of a notary or the Seller must testify to the notary that his/her true and accurate signature appears on the deed. Also, the Sellers must sign the deed in the presence of 2 witnesses (1 of which can be the notary public) and the witnesses must place their signatures and print their names on the lines where indicated. At the closing of the transaction, the purchasers will tender the purchase price to the Sellers who then tenders this deed to the purchasers - who will then file the deed with the recorder’s office or real estate office in the county where the property is located. Title in the property will then be “officially” transferred. There is usually a fee for filing the deed and transferring the property. As to the first paragraph of the deed, specific situations (i.e. who owns the property, who is/are the Buyers, what is the relationship of the multiple Sellers, etc.), require specific language to be supplied by you when preparing the deed. Find the scenario that most accurately meets who now owns the property and to whom it will be transferred. Then, look at the instructions for the specific situations described below to determine how to complete the first paragraph of this deed form. Multiple non-married persons transferring property to Multiple non-married persons This warranty deed can be used when conveying property from multiple persons who are not married to multiple persons who are not married (“John A. Doe and Jane Smith” to “Jane B. Jones and William Black”), and can even include the persons who are now the owners, as survivorship tenants (e.g., from “John A. Doe and Jane Smith” to “John A. Doe, Jane B. Jones and William Black”).
Provide the names of all of those individuals that currently own the property (i.e. list each and every one of the Sellers) in the first gray box and the full legal names of each and every person that will be purchasing or taking title to the property as Buyers must also be supplied in the fourth gray box. The appropriate dollar amounts and the address of the property must also be inserted into the form. The first paragraph could, for an example, be prepared as follows: Know all Men by these Presents that Jane Smith and Michael Jones (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to James Doe and Martha Roy (“Grantees”), whose taxmailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: Multiple non-married persons transferring property to one individual This warranty deed can be used when conveying property from multiple persons who are not married to an individual in his or her sole capacity (e.g. “John A. Doe and Jane Smith” to “Jane B. Jones”). Provide the names of all of those individuals that currently own the property (i.e. list each and every one of the Sellers) in the first gray box and the full legal name of the one person that will be purchasing or taking title to the property as Buyer must be supplied in the fourth gray box. The appropriate dollar amounts and the address of the property must also be inserted into the form. The first paragraph could, for an example, be prepared as follows: Know all Men by these Presents that Jane Smith and Michael Jones (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to James Doe (“Grantees”), whose tax-mailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: A married couple transferring property to another married couple This deed can be used when transferring or conveying property from a married couple to another married couple. Since the Sellers and the Buyers are both married, the names of both sets of the married couples, followed by the words “husband and wife,” must appear in both the first and fourth gray boxes (i.e. list the name of the husband and wife, followed by “husband and wife” in the boxes where the names of the Sellers and the Buyers are to be provided). The appropriate dollar amounts and the address of the property must also be supplied. The first paragraph could, for an example, be prepared as follows: Know all Men by these Presents that Michael Jones and Maggie Jones, husband and wife, (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to John A. Doe and June B. Doe, husband and wife (“Grantees”), whose tax-mailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: A married couple transferring property to a multiple non-married individuals This deed can be used when conveying property from a married couple to two or more persons who may or may not be married, including the person who is now the owner. Since the Sellers are married, the names of both the husband and wife, followed by the words “husband and wife,” must appear in the first gray box (i.e. list the name of the husband and wife, followed by “husband and wife” in the box where the names of the Sellers are to be provided). The full legal names of each and every person that will be purchasing or taking title to the property as Buyers must also be supplied in the fourth gray box. The appropriate dollar amounts and the address of the property must also be supplied. The first paragraph could, for an example, be prepared as follows:
Know all Men by these Presents that Michael Jones and Maggie Jones, husband and wife, (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to John A. Doe and Ruth S. Smith (“Grantees”), whose tax-mailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: A married couple transferring property to a single individual This deed can be used when transferring or conveying property from a married couple to a single individual. Since the Sellers are married, the names of both the husband and wife, followed by the words “husband and wife,” must appear in the first gray box (i.e. list the name of the husband and wife, followed by “husband and wife” in the box where the names of the Sellers are to be provided). The full legal name of the one person that will be purchasing or taking title to the property as Buyer must be supplied in the fourth gray box. The appropriate dollar amounts and the address of the property must also be supplied. The first paragraph could, for an example, be prepared as follows: Know all Men by these Presents that Michael Jones and Maggie Jones, husband and wife, (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to John A. Doe (“Grantees”), whose tax-mailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: A single individual transferring property to a married couple This deed can be used when transferring or conveying property from a single individual to a married couple. The full legal name of the one person that will be selling or transferring title to the property as Seller must be supplied in the first gray box. Since the Buyers are married, the names of both the husband and wife, followed by the words “husband and wife,” must appear in the fourth gray box (i.e. list the name of the husband and wife, followed by “husband and wife” in the box where the names of the Buyers are to be provided). The appropriate dollar amounts and the address of the property must also be supplied. The first paragraph could, for an example, be prepared as follows: Know all Men by these Presents that Michael Jones (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to John A. Doe and Jane B. Doe, husband and wife (“Grantees”), whose tax-mailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: A single individual transferring property to multiple non-married individuals This warranty deed can be used when conveying property from one person who is not married to two or more persons who are not married, including the person who is now the owner (i.e. from “John A. Doe” to “John A. Doe, Jane B. Jones and William Black” or “John A. Doe” to “Jane B. Jones and William Black”). The full legal name of the one person that will be selling or transferring title to the property as Seller must be supplied in the first gray box. The full legal names of each and every person that will be purchasing or taking title to the property as Buyers must also be supplied in the fourth gray box. The appropriate dollar amounts and the address of the property must also be supplied. The first paragraph could, for an example, be prepared as follows: Know all Men by these Presents that Michael Jones (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to John A. Doe and June R. Smith (“Grantees”), whose tax-mailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: A single individual transferring property to another single individual
This deed can be used when transferring or conveying property from one single individual to another single individual The full legal name of the one person that will be selling or transferring title to the property as Seller must be supplied in the first gray box. The full legal name of the one person that will be purchasing or taking title to the property as Buyer must be supplied in the fourth gray box. The appropriate dollar amounts and the address of the property must also be supplied. The first paragraph could, for an example, be prepared as follows: Know all Men by these Presents that Michael Jones (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to John A. Doe (“Grantees”), whose tax-mailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: Individuals transferring property to a company (corp., LLC, partnership, etc.) This deed can be used when transferring or conveying property from an individual or individuals to a company (e.g. corporation, LLC, partnership, etc.). The full legal name of the person or persons that will be selling or transferring title to the property as Seller must be supplied in the first gray box (note, that the marital status of the Sellers, along with the number of the Sellers, as are described above, will dictate what, if any, additional information must be supplied in this box). The full legal name of business that will be purchasing or taking title to the property as Buyer must be supplied in the fourth gray box, followed (in the same box) by the state in which the business was formed and the words that describe the type or structure of the business, i.e. “an Oklahoma corporation,” or “a Maine limited liability company,” or “a Michigan limited partnership.” The appropriate dollar amounts and the address of the property must also be supplied. The first paragraph could, for an example, be prepared as follows: The first paragraph could, for an example, be prepared as follows: Know all Men by these Presents that Jane Smith and Michael Jones (“Grantors”), for the consideration of Ten Dollars ($10.00) received to his/her/their full satisfaction, grant(s) with general warranty covenants and with a full release of all rights of dower in the real property to ACME, Inc., an Alabama corporation (“Grantees”), whose tax-mailing address is 521 Main Street, Anytown, Anystate, 55555, the following real property: Note: Do not file the second signature page if there are no signatures appearing on that page – the cost of filing the deed is usually based on a per page price. As such, if there is only one or two Sellers that need to sign the deed and both signature lines (and witness signatures) fit on the first page of the deed, discard the second signature page. [END OF INSTRUCTIONS]