Albany County Special Warranty Deed Forms (New York)

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Form Package

Special Warranty Deed

State

New York

Area

Albany County

Price

$27.97

Delivery

Immediate Download

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More info on getting a copy of your existing deed and eRecording.

Included Forms

All Albany County specific forms and documents listed below are included in your immediate download package:

Special Warranty Deed Form

Special Warranty Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/8/2024

Special Warranty Deed Guide

Special Warranty Deed Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/17/2024

Completed Example of the Special Warranty Deed Document

Completed Example of the Special Warranty Deed Document

Example of a properly completed form for reference.
Included document last reviewed/updated 2/26/2024

Frequently Asked Questions:

How long does it take to get my forms?

Forms are available immediately after submitting payment.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New York or Albany County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Albany County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What type of files are the forms?

All of our Albany County Special Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Can the Special Warranty Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Albany County that you need to transfer you would only need to order our forms once for all of your properties in Albany County.

Are these forms guaranteed to be recordable in Albany County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Albany County including margin requirements, content requirements, font and font size requirements.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Areas Covered by These Special Warranty Deed Forms:

  • Albany County

Including:

  • Albany
  • Alcove
  • Altamont
  • Berne
  • Clarksville
  • Coeymans
  • Coeymans Hollow
  • Cohoes
  • Delmar
  • Dormansville
  • East Berne
  • Feura Bush
  • Glenmont
  • Guilderland
  • Guilderland Center
  • Knox
  • Latham
  • Medusa
  • Newtonville
  • Preston Hollow
  • Ravena
  • Rensselaerville
  • Selkirk
  • Slingerlands
  • South Bethlehem
  • Troy
  • Voorheesville
  • Watervliet
  • Westerlo

What is the New York Special Warranty Deed

In New York, interest to real property can be transferred from one party to another by executing a special warranty deed. Special warranty deeds convey an interest in real property to the named grantee with limited warranties of title, but they are not statutory forms in New York.

Special warranty deeds contain covenants that the grantor holds title to the property and has good right to convey it; that the grantor has not conveyed the property to another party; that the property is free from encumbrances that arose during the time that the grantor held title to the property (with the exception of any noted in the deed); and that the grantor will defend the title against anyone who may lawfully claim the same by, through, or under them. These covenants should be explicit in the instrument of conveyance. Basically, a special warranty deed guarantees the title against defects arising only during the period the grantor holds title, and does not extend to the property's entire ownership history.

A lawful special warranty deed meets all state and local standards for recorded documents, including the grantor's full name, mailing address, and marital status; the consideration given for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.

For New York residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly declared. In the case of married persons, a tenancy by entirety is presumed, unless a joint tenancy or tenancy in common is expressly declared (E.P.T. Law Sections 6-2.1, 6-2.2).

As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel, including the section, block, lot, and unit numbers. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.

Sign the deed in the presence of a notary public or other authorized official, then record it at the county clerk's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment. Most counties in New York require a recording page to accompany all documents for recording. This cover page is available on the local county clerk's website, and it factors into the total page count when calculating recording fees.

In New York, the real estate transfer tax is due at the time of recording. File Form TP-584 (Combined Real Estate Transfer Tax Return) with the appropriate county clerk (TAX Law 31-D-1449-EE(2)(d)). Non-residents of New York State must also file an IT-266 Tax Form (Non-Resident Real Property Estimated Income Tax Payment Form) (TAX Law 22-663).

Pursuant to R.P.P. Law 9-333.3, all conveyances, excluding deeds of oil and gas or mineral rights, require a Real Property Transfer Report. Use Form RP-5217-NYC for real property transfers within the five boroughs of New York City, and use Form RP-5217 for real property transfers in all other counties. Contact the local county clerk's office to confirm the specific local requirements.

This article is provided for informational purposes only and is not a substitute for legal advice. Speak to an attorney with questions related to special warranty deeds or for any other issues related to transfers of real property in New York.

(New York SWD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Albany County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Albany 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 and local jurisdictions.

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January 8th, 2021

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November 11th, 2020

One thing I would suggest that could be changed is the last page because we have a trust and I had to retype that page to include the trust and both trustee's signatures.

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April 3rd, 2020

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