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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 2/13/2020
Special Warranty Deed Guide - Sussex County
Line by line guide explaining every blank on the form.
Included document last updated 1/29/2020
Completed Example of the Special Warranty Deed Document - Sussex County
Example of a properly completed form for reference.
Included document last updated 1/14/2020
*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.
The documents you receive here will meet, or exceed, the Sussex 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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