Missouri Special Warranty Deed

A special warranty deed can be used in Missouri to transfer title to real property. This type of deed does not offer as much protection as a warranty deed. A special warranty deed includes a covenant that the land is free of any encumbrances done or suffered by the grantor and that the grantor will defend the title against the claims and demands of those claiming by, through, or under the grantor.

A special warranty deed needs to be signed by the party granting the conveyance and should be acknowledged or proved and certified in the manner prescribed by Missouri Statutes. However, all parties are required to sign if the deed is being recorded in the City of St. Louis. For special warranty deeds acknowledged or proved within Missouri, the proof or acknowledgement can be taken before a court having seal or a judge, justice or clerk of such court, or by a notary public. If the acknowledgment or proof of a deed is taken outside of Missouri but within the United States, it can be done before any of the officers listed in 442.150 of the Missouri Statutes (442.150). The officer taking acknowledgements should have a certificate of acknowledgment or proof endorsed on the deed (442.180).

Every special warranty deed that has been proved or acknowledged and certified in the manner provided should be recorded in the office of the county recorder in the county where the real estate is located (442.380). Once a special warranty deed has been filed for record, it will serve as notice to all persons of the contents thereof, and all subsequent purchasers and mortgagees are deemed, in law and equity, to purchase with notice (442.390).

(Missouri SWD Package includes form, guidelines, and completed example)