Indiana Warranty Deed
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Warranty Deed for Real Estate Located in Indiana
The Indiana Revised Code does not offer a statutory form for a warranty deed; however, the statutes do contain language that is sufficient for a conveyance of real estate in fee simple (32-17-1-2). A deed that is worded according to 32-17-1-2 will contain the following covenants from the grantor and the grantor's heirs and personal representatives: (1) that the grantor is lawfully seized of the premises; (2) has good right to convey the premises; (3) guarantees the quiet possession of the premises; (4) guarantees that the premises are free from all encumbrances; and (5) will warrant and defend the title to the premises against all lawful claims ( 32-17-1-2). The warranty deed is a commonly used real estate deed in Indiana for residential transactions.
A warranty deed in this state must be dated and signed, sealed, and acknowledged by the grantor in order to be submitted for recording to a county recorder in Indiana. If warranty deeds are not acknowledged by the grantor, they can be proved before any of the officers listed in 32-21-2-3 of the Indiana Revised Code. Further, deeds can be acknowledged in another county or state, but must be certified by the clerk of the circuit court in the county where the officer resides and attested by the seal of that court (32-21-2-4). An acknowledgement before an officer having an official seal that is attested by the officer's official seal is sufficient without a certificate. A certificate of acknowledgement by the officer taking the acknowledgement, if required, should be attached or written on the deed (32-21-2-9). Unless the certificate of acknowledgement is recorded with the warranty deed, the deed may not be received or read in evidence (32-21-2-11).
A warranty deed or other conveyance of real property is not valid and effectual against any person other than the grantor, the grantor's heirs and devisees, and those with notice of the conveyance unless the conveyance is made by deed and recorded within the time and the manner provided by Indiana Statutes (32-21-3-3). A conveyance takes priority according to the time of its filing. Warranty deeds should be recorded with the county recorder in the county where the property is located.