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Special Warranty Deed Form - Sussex County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 6/11/2019
Special Warranty Deed Guide - Sussex County
Line by line guide explaining every blank on the form.
Included document last updated 6/17/2019
Completed Example of the Special Warranty Deed Document - Sussex County
Example of a properly completed form for reference.
Included document last updated 6/25/2019
*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.
Including:
The statutory form for a real estate deed in Delaware is provided in 25 <i>Del. C.</i> 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 <i>Del. C.</i> 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 <i>Del. C.</i> ( 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.
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.
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.
4.7 out of 5 (649 Reviews) June 25th, 2019
Name: Jennie P.
Review: Thank you for the information you sent.
Reply from Staff on June 25th, 2019
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June 25th, 2019
Name: Marisela S.
Review: This is my first time and your service appears to be very user-friendly; however, since I am new to this service, I'm not sure if my e-filings were received as I've not heard anything back nor have I received any type of confirmation of receipt.
Reply from Staff on June 25th, 2019
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June 25th, 2019
Name: JOYCE R.
Review: I am a tax attorney and had worked as a Valuation Engineer with Internal Revenue Service. I can access (almost immediately) complete title reports and transactions history of real estate transfers. It is a joy to have access to your valuable service. JOYCE REBHUN,JD,MBA,PhD,EA
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June 24th, 2019
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Review: A very easy website....consumer friendly, which is what is so important to me. I will be using your service again. Thank you
Reply from Staff on June 24th, 2019
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June 24th, 2019
Name: Toni M.
Review: I liked having the forms. Some may need to know they can look at the legal Description from online county records, then type up in Word document line by line, the degree sign in Word program is achieved by using alt and 248 on number pad. Then on the form page one write SEE Exibit A and title your Word program description as Exibit A. Goes without saying the legal description should be looked over many times and it is easier to do so if you format your Word the same lineage as the legal description online which is usually not text which is why you have to retype it.
Reply from Staff on June 24th, 2019
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June 24th, 2019
Name: Linda W.
Review: Very easy to use. They had the exact document I was looking for.
Reply from Staff on June 24th, 2019
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June 21st, 2019
Name: FEDERICO T.
Review: It was a little confusing to retrieve the documents. I was waiting for an email, but then I went toyour portal and I saw the messages and the document.
Reply from Staff on June 21st, 2019
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June 21st, 2019
Name: O. Peter P.
Review: I find your forms hard to use, inasmuch as the forms cannot be converted to a Word Document. Editing and deleting of extra lines is not possible, making for a deed with large blank spaces. Document that results is not usable for me.
Reply from Staff on June 21st, 2019
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June 21st, 2019
Name: Angela T.
Review: I love this website .. it has been very helpful in so many ways.. thank you so much..
Reply from Staff on June 21st, 2019
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June 21st, 2019
Name: Joyce K.
Review: I was very happy with this site. It included all the papers I needed, instructions, and even an example sheet to work from. The papers are now filed and done with ease. Thank you!
Reply from Staff on June 21st, 2019
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