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Special Warranty Deed Form - Breathitt County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/24/2019
Special Warranty Deed Guide - Breathitt County
Line by line guide explaining every blank on the form.
Included document last updated 11/4/2019
Completed Example of the Special Warranty Deed Document - Breathitt County
Example of a properly completed form for reference.
Included document last updated 10/3/2019
*The Following Kentucky and Breathitt County supplemental forms are included as a courtesy with your order.
Consideration Certificate
Transfer tax is collected on the actual consideration stated and paid or to be paid in the deed. If the deed is a gift or indicates nominal consideration only, tax must be paid on the estimated price of the property and this form is required. It confirms any consideration stated in the deed and adds the estimated fair cash value the property would bring in an open market. A brief list of exemptions can be downloaded here. For a more detailed list and further information, download the relevant statutes posted under Transfer Tax Information.
Transfer Tax Information
These excerpts from Kentucky statutes list the exemptions from transfer tax in detail. If the document is exempt from transfer tax, it must be stated on the document.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Homestead Exemption
If you are 65 years old or disabled you may qualify for a homestead exemption on your property taxes.
Including:
Real property conveyances are governed by Chapter 382 of the Kentucky Revised Statutes.
Special warranty deeds are statutory under KRS 382.040 and transfer ownership of real property from the grantor (the seller) to the grantee (the buyer) with limited warranties of title. They provide guarantees that the grantor is the true owner of the property, has the legal right to convey it, and will defend the title against any claims originating from the time they owned the property. However, the grantor does not guarantee that there are no other title defects before they owned it, so this type of deed offers more protection for the grantor, and less for the grantee.
A lawful special warranty deed includes the names and addresses of each grantor and grantee. Kentucky requires all recorded documents or documents affecting a change in property ownership to contain information on how the grantee will hold title. For 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 otherwise specified. Tenancy by entirety is a vesting option available to married couples only (KRS 381.050(1)).
Provide a complete legal description of the property and the source of the current grantor's title. The deed must also include the preparer's name, address, and signature (KRS 382.335), and the in-care-of tax address (KRS 382.110(2)). State law also stipulates either listing the full amount of consideration exchanged for the transfer, or, if nominal or no consideration has been exchanged, the fair cash value of the property (KRS 385.135). The county assesses a transfer tax on the consideration, due at the time of recording, unless the transaction is exempt under KRS 142.050.
Finally, the form must meet all state and local standards for recorded documents, which may vary from county to county. Confirm these requirements with the local recording office.
Both the grantor and grantee must sign the deed in front of a notary for the deed to be recorded (KRS 382.130). Submit the completed deed, along with any supplemental documentation necessary for the specific transaction, to the county clerk's office of the county in which the property is situated (KRS 382.110(1)). Recording preserves the ownership history of the property and provides public notice of the transfer, which protects both the grantor and the grantee from claims based on false information.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about special warranty deeds or for any other issues related to the transfer of real property in Kentucky.
Get your Breathitt 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.
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