Special Warranty Deed Form - Midland County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/1/2018
Special Warranty Deed Guide - Midland County
Line by line guide explaining every blank on the form.
Included document last updated 10/30/2018
Completed Example of the Special Warranty Deed Document - Midland County
Example of a properly completed form for reference.
Included document last updated 10/23/2018
*The Following Michigan and Midland County supplemental forms are included as a courtesy with your order.
Property Transfer Affidavit
This form must be filed whenever real estate or certain types of personal property are transferred (even if the deed is not recorded) in order to ensure correct assessment for tax purposes. The new owner must file within 45 days of transfer in the city or township where the property is located. If the form is not filed on time, a penalty of $5/day (maximum $200) applies.
Real Estate Transfer Tax
This form must be filed with the Register of Deeds when the amount paid for the property is not stated on the deed. The form is not required when the amount paid is entered on the deed. The form must be completed and signed by either the seller or his/her authorized agent and submitted in the county where the property is located.
Transfer Tax Exemptions
Certain conveyances are exempt from transfer tax. These pages list the county and state exemptions. If the document is transfer tax exempt, the exemption must be stated on the deed. Note that both lists are in content identical until subparagraph (j).
This file contains the tax rates as well as a table listing state and county tax by consideration amount.
Certificate of Trust Existence and Authority
A certificate of trust existence and authority contains specific information about an existing trust agreement. According to § 565.435 of the Michigan Compiled Laws, a “purchaser or other party relying upon the information contained in a recorded certificate of trust existence and authority shall be afforded the same protection as is provided to a subsequent purchaser in good faith.” Note that under § 565.433, only settlor or grantor; an attorney for the settlor, grantor, or trustee; or an officer of a banking institution or an attorney if then acting as a trustee may sign the form if it pertains to real property. Sign the completed form in a notary’s presence, then submit it to the county register of deeds office for recording.
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Principle Residence Exemption
If the property is your principle residence you may qualify for a tax exemption. These forms will help you navigate and apply for a (PRE) exemption.
Special or limited warranty deeds, or at least the forms for such deeds, are not able to be used in Michigan, according to MCL 750.275: "Any person who shall print, sell or keep for sale any blank forms of deeds containing the words 'warranty deed' or 'warranty-deed covenant-own-acts,' or any similar words printed or written thereon, unless such deed is in fact an absolute warranty deed, and any person who shall knowingly use any such deed for the purpose of conveying title unless the same is an absolute warranty shall be guilty of a misdemeanor."
Instead, a covenant deed (sometimes called a Deed C) can be used in the place of a special warranty deed. In a covenant deed, the grantor's warranty is limited to claims arising from the actions of the grantor.
A covenant deed should be dated, duly signed by the grantor, and acknowledged. A deed executed in Michigan can be acknowledged before any judge, clerk of a court of record, or notary public within the state. The officer taking the acknowledgment should endorse a certificate of acknowledgment on the deed (565.8). A covenant deed executed out of state and according to the laws of such state can be acknowledged before a judge of a court of record, notary public, justice of the peace, or other officer authorized by that state to take acknowledgments and can then be recorded in Michigan (565.9).
A conveyance of real estate that is not recorded will be void as against any subsequent purchaser in good faith and for a valuable consideration, of the same real estate or any portion thereof, whose conveyance is first duly recorded. If the first recorded conveyance is in the form of or contains the terms of a quitclaim deed and release, this does not affect the question of good faith of the subsequent purchaser, or be of itself notice to him or her of any unrecorded conveyance of the same real estate or portion thereof (565.29). Real estate deeds should be recorded in the county where the property is located.
Get your Midland 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.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
The form was easy to use. And I really appreciated the extra info-transfer form tables and other info.
No Comment Left
It had what you needed pretty basic some of the wording was a bit ambiguous but overall it gets the job done.
Doing a quit claim deed with proper forms made the process of yielding my final claim to property I loved as simple as pie. Thanks. I will be registering the deed in our county court house on Thursday December 22nd. H A Dale
I was confused about the 4 areas of signature name capacity at the bottom just before the notary signs. I had to call to see if that needed to be filled out or whether I should have others present.