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Special Warranty Deed Form - Montgomery County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/5/2021
Special Warranty Deed Guide - Montgomery County
Line by line guide explaining every blank on the form.
Included document last updated 3/26/2021
Completed Example of the Special Warranty Deed Document - Montgomery County
Example of a properly completed form for reference.
Included document last updated 3/29/2021
*The Following New York and Montgomery County supplemental forms are included as a courtesy with your order.
New York Real Property Transfer Report
The complete, digitized transfer report is required at the time of recording. Even non-sale transfers must be accompanied by this form. Follow the link and instructions for downloading on the information sheet provided here.
Combined Real Estate Transfer Tax Return
This form must be filed for each conveyance of real property from a grantor/transferor to a grantee/transferee. Included are line-by-line instructions with a list of New York transfer tax exemptions. Schedules (TP-584.1) are only needed for conveyances pursuant to or in lieu of foreclosure or pursuant to a secured party’s enforcement of a lien or other security interest, conveyances that consist of a mere change of identity or form of ownership or organization, and conveyances for which credit for tax previously paid will be claimed.
New York Non Resident Transfer
Use this form if you are a non-resident of New York State transferring real property. Submit the completed form with full payment of estimated tax due, if any, to the recording officer at the time the deed is presented to be recorded. Do not mail the form to the tax department.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by New York State notaries.
Including:
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.
Get your Montgomery 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.
The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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