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Special Warranty Deed Form - Fayette County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/12/2021
Special Warranty Deed Guide - Fayette County
Line by line guide explaining every blank on the form.
Included document last updated 12/8/2020
Completed Example of the Special Warranty Deed Document - Fayette County
Example of a properly completed form for reference.
Included document last updated 1/25/2021
*The Following Illinois and Fayette County supplemental forms are included as a courtesy with your order.
Illinois Real Estate Transfer Declaration
This is a required form, unless an exemption is claimed. It includes a list of exemptions and line by line instructions. For non-recorded transfers use the PTAX 203-NR form. Add supplemental form A if the sale price is over 1 Million, and supplemental form B only for transfer of a beneficial interest.
Real Estate Transfer Tax Payment Form for Non Recorded Documents
If transfer tax is owed and the deed will not be recorded, use this form.
Notarial Record Form
This form is generally required, but certain transactions are exempt. A list of exempt conveyances can be found on page 1 of this document.
Plat Act Affidavit
Fill in the blank affidavit form to comply with the Illinois Plat Act (765 ILCS 205).
Illinois Homestead Exemption
Homestead exemptions are given to owner-occupied residential property. If you qualify, it could have substantial savings on your property taxes.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Illinois notaries.
Including:
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.
Get your Fayette 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 Fayette County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (2311 Reviews)
January 27th, 2021
Name: Wendy C.
Review: I purchased a Warranty Deed "package" on Friday and found that the Main download was a working document, but the secondary document (which is required) was not. In other words, I was able to use the fill-in feature on the main document, but not on the second document. I used the portal on the website to report my issue the same day. That was Friday. This is Wednesday. I have not heard a word from them and I have to use my documents in 2 days. I will probably have to resort to pen and ink for that document, but I have already tried filling it out twice and have to keep reprinting and starting over. You can't white out or cross out. I would really prefer to have the complete service that I paid for.
Reply from Staff on January 27th, 2021
Thank you for your feedback. As is noted on the site, supplemental forms are provided as a courtesy with your order. They are not our forms, we did not create them. They are created and provided by the jurisdiction/agency that requires them. Have a wonderful day.
January 27th, 2021
Name: Meridith B.
Review: Well, When I got the question right I got the answers right from Claim Deed. In the end it all worked out very, very good. I'm pleased with the deed and the price was very fair. Thank you for answering all my crazy questions. Now all we have to do is go to UPS and sign it. Thank, again.
Reply from Staff on January 27th, 2021
Thank you!
January 26th, 2021
Name: Vonnie F.
Review: This service is very user-friendly and efficient.
Reply from Staff on January 26th, 2021
Thank you!
January 26th, 2021
Name: Remon W.
Review: Excellent and fast service. I will be using this site as needed in the future.
Reply from Staff on January 26th, 2021
Thank you Remon, we appreciate you.
January 26th, 2021
Name: Rebecca C.
Review: Great service ! Hawaii is not a "forms state" so unfortunately the public has no way to get templates on our local gov site but deeds.com to the rescue. The template was affordable and easy to use and successfully recorded. Great to use when you don't need to involve title or attorneys for simple deed changes, thank you
Reply from Staff on January 26th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
January 26th, 2021
Name: Irene G.
Review: Excellent service for anyone doing their own deed filing without the use of a title company or an attorney. I will definitely recommend deeds.com to my notary clients and will be personally using this service again! ;)
Reply from Staff on January 26th, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
January 25th, 2021
Name: Alexis R.
Review: Excellent service and reasonable fees. Highly recommend this company.
Reply from Staff on January 25th, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
January 25th, 2021
Name: Rachel S.
Review: It would be nice to get a reply in a small window that says "Your request package has been submitted." That way I can log out and wait for the email. I do love the efficient service.
Reply from Staff on January 25th, 2021
Thank you!
January 25th, 2021
Name: Roy C.
Review: Great Product no problems filing
Reply from Staff on January 25th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
January 24th, 2021
Name: Gary S.
Review: Excellent service! Incorrectly ordered a document and order was immediately canceled when I requested. Was then able to order and download correct document and complete with no problems.
Reply from Staff on January 24th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!