Delaware - Sussex County Special Warranty Deed Form

Name: Special Warranty Deed
Brand: Deeds.com
Rating: 4.7 (469 reviews)

All Sussex County specific forms listed below are included in your immediate download:

Sussex County Special Warranty Deed Form Page 1

Special Warranty Deed Form - Sussex County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 4/22/2019

Sussex County Special Warranty Deed Guide Page 1

Special Warranty Deed Guide - Sussex County

Line by line guide explaining every blank on the form.
Included document last updated 3/21/2019

Sussex County Completed Example of the Special Warranty Deed Document Page 1

Completed Example of the Special Warranty Deed Document - Sussex County

Example of a properly completed form for reference.
Included document last updated 4/17/2019

*The Following Delaware and Sussex County supplemental forms are included as a courtesy with your order.

Affidavit of Realty Transfer Tax On Unincorporated Areas

This affidavit is required on all Sussex County transactions (unincorporated and incorporated) and must be signed by the seller. Visit the Sussex Recorder of Deeds Forms page to generate an information sheet with instructions that are specific to the parcel in question.

First Time Home Buyer Affidavit

This form is required if the buyer is claiming a transfer tax exemption for a first time home buyer in Sussex County.

Realty Transfer Tax Return and Affidavit of Gain and Value

This form is required at time of recordation, even if the transfer tax exemption is claimed. This form is complete and comes with instructions. Both versions are identical.

Real Estate Tax Return Declaration of Estimated Income Tax

This form is for a non-resident, pass-through entity or corporation, who transfers real property in Delaware. The form is complete and comes with instructions.

Transfer Tax Exemptions

If documentary tax stamp is due, it must be paid at the time of recording. This excerpt from the statutes lists all of the transfer tax exemptions under 5401 (1).

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.

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Frequently Asked Questions:

How long does it take to get my forms?
- Forms are available immediately after submitting payment.
What are supplemental forms?
- Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
- After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
- All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the forms be re-used?
- Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
Are these forms guaranteed to be recordable in Sussex County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sussex County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
- No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
- Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
- You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
- No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Special Warranty Deed Forms:

Sussex County

Including:

Bethany Beach
Bethel
Bridgeville
Dagsboro
Delmar
Dewey Beach
Ellendale
Fenwick Island
Frankford
Georgetown
Greenwood
Harbeson
Laurel
Lewes
Lincoln
Milford
Millsboro
Millville
Milton
Nassau
Ocean View
Rehoboth Beach
Seaford
Selbyville

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What is the Delaware Special Warranty Deed?

The statutory form for a real estate deed in Delaware is provided in 25 Del. C. 121. The text includes the words "grant and convey" in the granting clause, which operate as a special warranty against the grantor, the grantor's heirs, and all persons claiming under the grantor or his heirs ( 121b). The grantor guarantees that, during her time of ownership, she did nothing to encumber the property, and any established restrictions are clearly stated in the deed. This statutory deed is commonly used in residential and commercial real estate transactions in Delaware.

A deed in Delaware can be acknowledged in any county by any party to the deed in the Superior Court, or before any judge in Delaware, or notary public, or before two justices of the peace for the same county, or before the Mayor of the City of Wilmington. A deed may also be proved in the court by one or more of the subscribing witnesses ( 122). A certificate of acknowledgment, certified by the officer taking the acknowledgment, must be endorsed on or attached to the deed ( 123). Special warranty deeds can also be acknowledged out-of-state according to the provisions of 129 and will be valid in Delaware.

Special warranty deeds and other real estate deeds in this state that have been acknowledged or proved can be recorded, along with the certificate of acknowledgment or proof, in the recorder's office where the land is located ( 151). Delaware law requires the recording of each transfer of real property (96 Del. C. 9605). Entering the transfer into the public record provides constructive notice to future buyers about the property's ownership status. Constructive notice is based on the expectation that before completing something, a real estate transaction in this case, the interested parties should search publicly available information to verify the relevant details.

If a deed relates to property that is located in more than one county, the deed should be recorded in all counties where any of the property is located 25 Del. C. ( 152).

Delaware uses a "race" recording act, which means that deed's priority is based on the official time and date that it is recorded in the proper office, without respect to the time that it was signed, sealed, and delivered ( 153). If the same parcel of land is deeded to different people, the first owner to record the deed keeps the property. As such, record an executed deed quickly, even on the same day it's signed ( 156).

Delaware Special Warranty Deed forms must meet local and state statutory requirements for content and format. The most important county formatting requirements in Delaware are the margin requirements, which are different in each of the state's three counties. Failing to meet the recorder's document margin requirements can lead to the document being assessed with a non-compliant fee or being outright rejected for recording.

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Save Time and Money

Get your Sussex 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.

Guaranteed

We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.

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