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Special Warranty Deed Form - El Paso County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/30/2020
Special Warranty Deed Guide - El Paso County
Line by line guide explaining every blank on the form.
Included document last updated 7/21/2020
Completed Example of the Special Warranty Deed Document - El Paso County
Example of a properly completed form for reference.
Included document last updated 7/31/2020
*The Following Colorado and El Paso County supplemental forms are included as a courtesy with your order.
TD 1000 Real Property Transfer Declaration
The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
DR 1083 Colorado Department of Revenue
File this form within 30 days of closing with the Colorado Department of Revenue, together with DR 1079 if applicable. Instructions are included.
DR 1079 Withholding Tax Form
This form is used to pay withholding tax if any is owed.
Non Resident Property Transfer
With certain exceptions, sales of Colorado real property valued at $100,000 or more, if made by nonresidents of Colorado, are subject to a withholding tax in anticipation of the Colorado income tax that will be due on the gain from the sale. The information sheet here provides the necessary details. If the property transfer meets the criteria, the above regular tax forms (DR 1083 and DR 1079) are used by nonresidents.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Duly executed and acknowledged special warranty deeds in Colorado can be used to convey title to real estate. The real estate deed must conform to the statutory requirements.
A special warranty deed that has been executed according to the Colorado statutory form for a warranty deed in 38-30-113 with the words "warrant the title to the same" omitted will have the same force and effect as a bargain and sale deed, without covenants of warranty. This type of deed will pass the after-acquired title of the grantor. The words "and warrant the title against all persons claiming under me," when included in such deed, will be a covenant that the grantor will warrant and defend the title to the grantee and his heirs and assigns against all persons claiming to hold title by, through, or under the grantor (38-30-115). A special warranty deed containing the words "and warrant the title to" will mean that the grantor covenants (a) that at the time such instrument was made, he was lawfully seized of an indefeasible estate in fee simple in and to the property described in the deed and has good right and full power to convey the same and (b) that the same was free and clear from all encumbrances, except as stated in the instrument (38-30-113).
A special warranty deed must be signed and acknowledged by the grantor in order to be considered for recording in this state. If the deed has been executed in Colorado, it can be acknowledged or proved before any of the officers listed in 38-30-126 of the Colorado Revised Statutes. A special warranty deed may also be acknowledged out of state. No officer authorized to take acknowledgments of deeds should take or certify acknowledgments unless the person making the same is personally known to the officer to be the person he is stated to be in the deed or is proved to be such person by at least one credible person known by the officer (38-35-101).
Colorado has a race-notice recording act. A special warranty deed that has not been recorded is not valid against any person with any kind of rights in or to such real property who records first and those holding rights under such person, except between the parties to the deed and those having notice of the instrument prior to the acquisition of such rights (38-35-109). A special warranty deed should be recorded in the office of the clerk and recorder in the county where the property is located in order to prove constructive notice.
Get your El Paso County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the El Paso County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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