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Special Warranty Deed Form - Buchanan County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/1/2021
Special Warranty Deed Guide - Buchanan County
Line by line guide explaining every blank on the form.
Included document last updated 1/4/2021
Completed Example of the Special Warranty Deed Document - Buchanan County
Example of a properly completed form for reference.
Included document last updated 12/30/2020
*The Following Iowa and Buchanan County supplemental forms are included as a courtesy with your order.
Real Estate Transfer Declaration of Value
According to Iowa law, a Declaration of Value, stating the full consideration paid in certain non-exempt real estate conveyances, must be submitted to the county recorder at the time a deed, contract, instrument, or other writing is presented for recording. A version to be filled in online as well as a print version of the form are available. Both include instructions, but make sure to consult the Detailed Filing Instructions as well.
Real Estate Transfer Groundwater Hazard Statement
This form must be presented to the county recorder when the document to be recorded is filed. The recorder shall forward the original to the transferee when the recorded instrument is returned.
Transfer Tax
This tax table lists transfer tax rates by amount of consideration.
Iowa Homestead Exemption
If you are an Iowa resident property owner and live in the property for 6 months or longer each year, you may qualify for a Homestead exempition. This can reduce your property taxes.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
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). This type of deed provides more liability protection for the grantor, and less protection for the buyer. In a special warranty deed, the grantor warrants against defects in the title during his or her ownership, and that he or she is authorized to sell it, but does not guarantee freedom from claims on the title originating before the grantor owned the property. Because of this risk, special warranty deeds are less common for residential real estate transactions. Instead, these types of deeds are typically used for foreclosed bank-owned properties and commercial properties that have changed ownership several times.
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 Iowa residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is specifically created (Iowa Code 557.15). A transfer to a married couple vests as a joint tenancy, unless otherwise stated (Iowa Code 557.15(3)(a)).
As with any conveyance of real estate, a special warranty deed requires 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. Finally, the deed must meet all state and local standards for recorded documents.
The grantor must sign the completed deed in front of a notary. The acknowledgment (notary section), whether made within the State of Iowa, outside the state, outside the United States, or under federal authority, should comply with the provisions of chapter 9b of the Iowa Statutes. Once acknowledged, file it in the recorder's office in the county where the property is located.
Include all relevant documents, affidavits, forms, and fees along with the deed for recording. Most deeds require a separate Real Estate Transfer Groundwater Hazard Statement (Iowa Code Section 558.69). Consult the local recording office to confirm which supplemental materials are necessary for the specific transaction.
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about special warranty deeds, or for any other issues related to the transfer of real property in Iowa.
Get your Buchanan 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 Buchanan County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Review: I am happy with the document but did not know that it would still have to go before the court. Thought it could be handled by the recorder of deeds.
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January 15th, 2021
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Review: Easement deed contract was easy to complete, however after additional research raises some concerns because the Ohio deed does not list a requirement for witness signatures and does not provide lines or an area for witness signatures. The document does provide the necessary area for the notary information and the grantor and grantee.
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