Real Estate Deeds

Montana Special Warranty Deed

A special warranty deed can be used to transfer title to real property in Montana. This type of deed must conform to statutory requirements for a conveyance of real property.

The grantor in a special warranty deed covenants to defend the title only against the claims and demands of the grantor and those claiming by, through, or under him. Unless it is otherwise stated in the deed, a special warranty deed may pass the after-acquired title of the grantor (70-20-302). The warranties in a Montana special warranty deed are not defined by statute. The Montana Code Annotated section 70-20-103 provides a general form that may be used for a special warranty deed.

A special warranty deed must be in writing and signed by the grantor or the grantor's lawful agent authorized in writing. Before the deed can be recorded, its execution must be acknowledged as defined in 1-5-602 of the Montana Code Annotated or proved by a subscribing witness, which must also be notarized (70-21-203). If the deed is acknowledged in a state other than Montana, it can be done before any of the persons listed in MAC 1-5-606 and will be valid for recordation in Montana. A Realty Transfer Certificate must accompany all applicable instruments when they are presented for recording (15-7-305).

Real estate deeds should be recorded in the county where the property is located. If the property is located in more than one county and the deed has been recorded in either of such counties, a certified copy of the deed can be recorded in the other county where the rest of the property is located (70-21-201). An unrecorded special warranty deed will be valid only between the parties to it and those who have notice thereof (70-21-102). Once a special warranty deed has been acknowledged or proved and certified and recorded, it will impart constructive notice of the contents thereof to subsequent purchasers and mortgagees from the time it is filed with the county clerk for record (70-21-302). A special warranty deed will be void against any subsequent purchaser or encumbrancer of the same real property or part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded (70-21-304). A real estate deed in Montana will take effect so as to vest the interest intended to be transferred only upon the grantor's delivery of it (70-1-508). Montana Special Warranty Deed Forms Have Been Updated as Recently as Wednesday April 25, 2018