Illinois - Fayette County Special Warranty Deed Forms

Included Forms

All Fayette County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following Illinois and Fayette County supplemental forms are included as a courtesy with your order.

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Plat Act Affidavit Form (Illinois Document)

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Plat Act Affidavit Guide (Illinois Document)

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Completed Example of the Plat Act Affidavit Form (Illinois Document)

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Notarial Record Form (Illinois Document)

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Illinois Real Estate Transfer Declaration (Illinois Document)

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Transfer Tax Exemptions List (Illinois Document)

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Supplemental Form PTAX 203-A (Illinois Document)

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Supplemental Form PTAX 203-B (Illinois Document)

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Homestead Exemption (Illinois Document)

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Transfer Tax Payment Document (non recorded transfers) (Illinois Document)

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Illinois Assessors Contact List (Illinois Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Illinois or Fayette County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Fayette County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Fayette County Special Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Special Warranty Deed forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Fayette County that you need to transfer you would only need to order our forms once for all of your properties in Fayette County.
• Are these forms guaranteed to be recordable in Fayette County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Special Warranty Deed Forms:

• Fayette County

Including:

• Bingham
• Brownstown
• Farina
• Hagarstown
• Loogootee
• Ramsey
• Saint Elmo
• Saint Peter
• Shobonier
• Vandalia

What is the Illinois Special Warranty Deed?

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.

Our Promise

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.

Save Time and Money

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 and local jurisdictions.

Customer Reviews:

4.8 out of 5 (3883 Reviews)

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February 4th, 2023

Name: Laura D.

Review: Great forms - I got several property deeds and really appreciated that they came with the required state forms (for NY). the sample completed form is also really helpful. Attorney wanted hundreds- with this form it is the same amount of work but I can file myself for the cost of lunch!!

Reply from Staff on February 4th, 2023

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February 3rd, 2023

Name: Steve W.

Review: Simple and easy transaction

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February 3rd, 2023

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Review: amazing time and cost saving service for me. Thank you.

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Name: Logan S.

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Name: Debra B.

Review: Easy to process and file with the courthouse.

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Name: mary s.

Review: It would help if pages of a document indicated 1 of 3 etc. When I downloaded the TOD guide I got a 4th page though it only showed 3 on the screen.

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Name: Crystal W.

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Name: Paul S.

Review: Directions were good. It was an easy process. Thank You.

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Name: Constance F.

Review: Quick and easy download with instructions and a sample document to ensure conformity to the different jurisdictions.

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Name: Larry C.

Review: Very easy and convenient, thank you so much.

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Name: DIANA S.

Review: Five star rating. I requested a copy of the deed to my house and it arrived very quickly and for a fraction of the cost that it would have cost me on other sites. Great company. Will do business again. Five stars.

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