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Illinois Special Warranty Deed Form

A special warranty deed in Illinois must conform to the statutory requirements for conveyances in order to be valid.

Illinois does not provide a statutory form for a special warranty deed, but the general warranty deed form can be used, with the necessary changes for limited warranty covenants. The grantor in a special warranty deed covenants to defend the title against the claims and demands of the grantor and those claiming by, through, or under the grantor.

A special warranty deed in this state must be signed and acknowledged by the grantor. Transfer declarations must also accompany all deeds submitted for recording. If a special warranty deed 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 acknowledgements are taken before a notary public or United States commissioner, they shall be attested by his or her official seal; and if taken before a judge or clerk of a court, the acknowledgements shall be attested by the seal of the court (765 ILCS 5/20). If acknowledgements are taken outside of the state of Illinois, they may be taken before any of the officers listed in section 765, 5/20 of the Illinois Compiled Statutes. A special warranty deed acknowledged in a state outside of Illinois must still comply with the Illinois recording requirements.

To provide constructive notice, special warranty deeds should be recorded in the county where the property is located (765 ILCS 5/28). All deeds that are authorized to be recorded will take effect and be in force from and after the time the deed is filed for record with the county recorder, and not before, as to all creditors and subsequent purchasers without notice. All such deeds will be void as to all such creditors and subsequent purchasers without notice until they are filed for record (765 ILCS 5/30). Illinois Special Warranty Deed Forms Have Been Updated as Recently as Tuesday February 13, 2018