Mississippi Special Warranty Deed

A special warranty deed can be used to convey real property in this state. The use of the words "warrant specially" in a conveyance of real estate in Mississippi constitute a covenant that the grantor, his heirs, and personal representatives, will forever warrant and defend the title of the property unto the grantee and his heirs, representatives, and assigns, against the claims of all persons claiming by, through, or under the grantor ( 89-1-35). The statutory language for a conveyance in section 89-1-61 of the Mississippi Revised Code can be used for a special warranty if the words "warrant specially" are inserted. The grantor in a special warranty deed makes no warranty for the preceding owner's title.

For a special warranty deed or other conveyance of land to be effective, it must be signed by the grantor and delivered ( 89-1-3). The acknowledgment or proof of a special warranty deed is necessary to entitle the instrument to be recorded. The acknowledgment or proof should be certified by any of the officers listed in section 89-3-3 of the Mississippi Revised Code. If the party executing the special warranty deed resides in a state other than Mississippi, the deed can be acknowledged or proved by any of the officers listed in 89-3-9 of the Mississippi Revised Code. The special warranty deed will be as good and effectual as if the certificate of acknowledgment or proof had been made by an authorized officer in Mississippi ( 89-3-9). A special warranty deed that has not been acknowledged or proved in the manner provided by Mississippi statutes may be refused by the recording clerk. However, if an instrument has not been acknowledged or proved according to law but is otherwise admitted to record, then all persons are considered to be on constructive notice of the instrument ( 89-3-1).

All real property documents, including special warranty deeds, are recorded in the office of the clerk of the chancery court in the county where the property is located. A special warranty deed will take effect as to all creditors and subsequent purchasers for a valuable consideration without notice only from the time it is delivered to the clerk to be recorded ( 89-5-5). After the special warranty deed has been filed with the clerk, the priority of time of filing will determine the priority of all conveyances of the same land as between the several holders of such conveyances ( 89-5-1). Failure to file a special warranty deed with the clerk for record will prevent any claim of priority by the holder of such instrument over any similar recorded instrument affecting the same property, to the end that with reference to all instruments which may be filed for record, the priority thereof is governed by the priority in time of the filing of the several instruments, in the absence of actual notice. An unrecorded special warranty deed will be valid and binding only between the parties and their heirs, and all subsequent purchasers with notice or without valuable consideration ( 89-5-3).

(Mississippi SWD Package includes form, guidelines, and completed example)