All Wayne County specific forms and documents listed below are included in your immediate download package:
The Following Illinois and Wayne 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 Wayne 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 Wayne 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.
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
Reply from Staff on February 3rd, 2023
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February 3rd, 2023
Name: ERHAN S.
Review: amazing time and cost saving service for me. Thank you.
Reply from Staff on February 3rd, 2023
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Name: Timmy S.
Review: The form gave me a perfect place to start. I was looking for something regarding time-shares, so the form was not perfect, but the register of deeds worked with me to get it right. I would not have even been able to start without the form from deeds.com
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Name: Carolyn G.
Review: This information was extremely helpful and needed. The price is so worth it also.
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Name: michele d.
Review: It was easy to download, received it quickly, the sample really helped. I would like if some of the text was editable. for instance - the addresses were defaulted with the state of filing while we lived in another one.
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Name: Robert K.
Review: Easy site to use. Well worth the time spent to complete the form.
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Name: Gordon W.
Review: Nice forms but it sure would have been nice to be able to at least print the guide and the example so that I don't spend all of my time bouncing back and forth between windows on a laptop.
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Name: David C.
Review: This has been a lifesaver for me. Exactly what I needed. Forma are easy to fill in. Thank you for offering this instead of going thru a lawyer. faster and no wait time.
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Name: Ginger L.
Review: Excellent full set of documents with example and guidelines on how to do it ourselves without paying a lawyer. Or, we save legal fees by completing it ourselves and having a lawyer review it. Love that I can save the pdf and fill it out whenever I want. Thank you for having this available!
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Name: Melody L.
Review: Beware, you cannot save the information you typed and change it later. It will be a PDF upon saving. So if you need corrections...you have to start all over!
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Name: DELORES D.
Review: SO EASY. love that there is an example to follow and instructions.
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Name: ian a.
Review: Your website advertising was somewhat deceptive regarding doing a quitclaim on a name change. "If you are transferring the property to yourself under your new name, all you have to do is update the deed from your former name to your current one." This made this sound easy. But when I downloaded the material for my state, expecting to find an example, there was no example of how to do a name change quitclaim deed! I therefore had to figure this out myself. You might have provided a warning about certain uses that were not covered in the material so that people know ahead of time that the use they needed to know about wasn't covered in the material.
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Name: Larry H.
Review: Wow! So easy and such a cost savings. Thanks
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Name: patricia l.
Review: found this site very easy to use
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