All Hamilton County specific forms and documents listed below are included in your immediate download package:
The Following Illinois and Hamilton County supplemental forms are included as a courtesy with your order.
Plat Act Affidavit Form (Illinois Document)
Plat Act Affidavit Guide (Illinois Document)
Completed Example of the Plat Act Affidavit Form (Illinois Document)
Notarial Record Form (Illinois Document)
Illinois Real Estate Transfer Declaration (Illinois Document)
Transfer Tax Exemptions List (Illinois Document)
Supplemental Form PTAX 203-A (Illinois Document)
Supplemental Form PTAX 203-B (Illinois Document)
Homestead Exemption (Illinois Document)
Transfer Tax Payment Document (non recorded transfers) (Illinois Document)
Illinois Assessors Contact List (Illinois Document)
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.
The documents you receive here will meet, or exceed, the Hamilton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Hamilton 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.
January 30th, 2023
Name: Mark S.
Review: Had the forms i needed for illinois. More than i expected. Most companies would charge per form.
Reply from Staff on January 30th, 2023
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January 29th, 2023
Name: Catherine V.
Review: I love simple and easy! This is the model that many businesses should use!
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January 28th, 2023
Name: Conrad R.
Review: Easy to obtain form, easy to use. Came with instrucions and references to state statutes. Very Helpful.
Reply from Staff on January 28th, 2023
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Name: willie B.
Review: I love how you can get information you need online great program ,outstanding just love it....
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Name: Brenda D.
Review: Very easy to use once I found it.
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Name: Timothy N.
Review: Extremely easy and fast recording of real estate records. I was impressed that it was less than 6 hours from the time I uploaded the document to Deeds.com to receiving confirmation that it was recorded by the county clerk. I would highly recommend this service to save you time and quickly get documents recorded!
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Name: Michael S.
Review: Well designed easy to use system. Provided all instructions and updates required, as well as catching an extra form required by our county.
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Name: Judith L.
Review: I bought a package for doing a mineral deed in Sheridan County, Montana. I will now try to use it and we'll see, I guess, how easy it may or may not be, etc. Check back later perhaps for more details~
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Name: Larry L.
Review: I am completely satisfied. It was easy to find the correct form and download it. The instructions were very clear.
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Name: Rodrigo M.
Review: Excellent service
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Name: Sherri S.
Review: Appreciate your diligent assistance.
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Name: Christine A.
Review: So far do good. Don't understand the billing procedure yet and have just sent a request for information. Awaiting reply. Thank you, Christine Alvarez
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Name: Lenore B.
Review: Thank you for making this deed available. The guide was such a big help.
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Name: John M.
Review: I ordered my gift deed forms one evening, filled them out the next day, and registered them with the register of deeds the next morning. Boom. Done! Easy peasy, no lawyer expense!
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Name: deborah k.
Review: was very easy to fill out the directions were very helpful
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