Real Estate Deeds

Montana Warranty Deed

A transfer of real property in Montana that is in writing is called a grant, conveyance, or bill of sale. A warranty deed can be used to transfer title to real property in Montana. The Montana Code Annotated section 70-20-103 provides a general form that may be used for a warranty deed. The scope of the warranties included in this type of deed is not defined by statute, except for those covenants which are implied by the use of the word "grant": (a) that prior to the execution of the conveyance, the grantor did not convey the same estate or any right, title, or interest to any person other than the grantee, (b) and that at the time of execution of the conveyance, the estate was free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor (70-20-304). A warranty deed will pass the grantor's after-acquired title (70-20-302).

A warranty deed must be in writing and signed by the grantor or the grantor's lawful agent authorized in writing. Before such 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 a warranty 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).

If a warranty deed is not recorded, it will be valid only between the parties to it and those who have notice thereof (70-21-102). 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). Once a 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 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 Warranty Deed Forms Have Been Updated as Recently as Wednesday April 25, 2018