A special warranty deed is a legal document used to transfer, or convey, rights in real property from a grantor (seller) to a grantee (buyer). Also referred to as a limited warranty deed, this type of deed provides significant liability protection for the grantor (seller), and less protection for the grantee (buyer). In a special warranty deed, the grantor only warrants against defects in the title during his or her ownership, and that he or she has an actual right to the title, and is authorized to sell it. Unlike a deed with full warranty, however, it does not guarantee that there are no other claims on the title of the property before the grantor owned the property, nor does it bind the grantor to defend against them. Because of the risk of unknown claims on the title, special warranty deeds are less common than traditional warranty deeds for residential real estate transactions.

A special warranty deed, once acknowledged, should be recorded in the recorder's office in the county where such lands are located. If it is acknowledged in Illinois, acknowledgements may be taken before a notary public, United States commissioner, county clerk, or any court, judge, clerk, or deputy clerk of such court. When they are taken before a notary public or United States commissioner, they must be attested by his or her official seal; and if taken before a judge or clerk of a court, the acknowledgements must be attested by the seal of the court (765 ILCS 5/20).

A lawful deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Illinois residential property, the primary methods for holding title in co-ownership are tenancy in common, joint tenancy and tenancy by entirety. A grant of ownership of real estate to two or more persons creates a tenancy in common, unless a joint tenancy or tenancy by the entirety is specified. (765 ILCS 1005/1, 1005/1c.).

As with any conveyance of real estate, special warranty deeds must comply with all state and local recording standards, including a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property.

Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording as well. Pursuant to 35 ILCS 200/31-10, documents conveying real property are subject to a documentary transfer tax. An Illinois Real Estate Transfer Declaration is required (35 ILCS 200/31-25), unless an exemption is claimed. See 35 ILCS 200/31-45 for a list of exemptions.

A Notarial Record Form is also required, unless an exemption is claimed. A list of exempt conveyances can be found on page 1 of the Notarial Record Form (5 ILCS 312/3-102). Some Illinois counties require a Plat Act Affidavit of Metes and Bounds pursuant to 765 ILCS 205/1 with all deeds, assuring that the land has not been divided or identifies specific types of division according to the plat act. Contact the local recorder for additional details about supplemental document requirements.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Consult an attorney with questions about special warranty deeds or for any other issues related to the transfer of real property.

(Illinois Special Warranty Deed Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Kathleen M.

"Your Service was excellent. Very responsive. Thank you."

— Donna R.

"This was a seamless process. It probably took one minute to fill out my information and upload the d…"

— SHERRI B.

"World class forms and service. Downloaded and prepared the deed in minutes. Used the recording servi…"

— Timothy S.

"The Quit Claim form was submitted, accepted, and processed by Davidson County with no hiccups. Recom…"

— James S.

"Forms used, created quitclaim deed that the county accepted without a second look (turns out they se…"

Common Uses for Special Warranty Deed

Transfer property to finalize a real estate transaction
Transfer a vacation or second home to family
Convey property as part of a business dissolution
Transfer property to a nonprofit or charitable organization
Transfer property as part of a divorce settlement

Compare other Illinois deed forms and documents

Quitclaim Deed Gift Deed Correction Deed Warranty Deed Grant Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Statutory Short Form Power of Attorney for Property Mortgage Secured by Promissory Note Release of Mortgage Contract for Deed Memorandum of an Installment Sales Contract Full Release of Memorandum of an Installment Sales Contract Deceased Joint Tenant Affidavit Transfer on Death Instrument Transfer on Death Revocation Notice of Death Affidavit and Acceptance Trustee Deed Executor Deed Administrator Deed Contractor 60-Day Residential Notice Mechanics Lien Mechanics Lien Subcontractor Mechanics Lien Preliminary 60 Day Notice Mechanics Lien Preliminary 90 Day Notice Waiver of Lien to Date Unconditional Waiver and Release of Mechanic Lien Subcontractor Final Waiver and Release of Lien Disclaimer of Interest Lis Pendens Lis Pendens Release Certificate of Trust

Important: County-Specific Forms

Our special warranty deed forms are specifically formatted for each county in Illinois.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Illinois Forms