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Special Warranty Deed Form - Marshall County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/27/2020
Special Warranty Deed Guide - Marshall County
Line by line guide explaining every blank on the form.
Included document last updated 7/28/2020
Completed Example of the Special Warranty Deed Document - Marshall County
Example of a properly completed form for reference.
Included document last updated 7/3/2020
*The Following West Virginia and Marshall County supplemental forms are included as a courtesy with your order.
Declaration of Consideration
This document contains information about the exemptions as well as general information. The form that must be submitted is on page 3 and needs to be acknowledged by a notary.
Sales Listing
This form is required in West Virginia and is due at the time of recordation.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Special warranty deeds are commonly used to convey real property in West Virginia. A statutory form for conveying real property is codified at West Virginia Code Section 36-3-5. When a deed contains words of special warranty under Section 36-4-3, the grantor promises to warrant and defend the property for the grantee against the claims and demands of the grantor and all persons claiming by, through, or under the grantor.
The warranty is limited to the time the grantor held title and does not guarantee the quality of the title past the grantor's ownership. Therefore, a special warranty deed offers less protection for the buyer than a general warranty deed.
In addition to the covenant of warranty, a special warranty deed can include additional statutory covenants under W. Va. Code Chapter 36, Article 4, including right to convey, quiet possession, a special covenant against encumbrances, and a covenant of further assurances.
To be valid and to provide a quality public record, both the grantor and grantee must be named in the section of the deed that details the words and terms of conveyance (conveyancing clause). In addition, the property must be able to be identified by inclusion of a legal description, including the district in which the parcel is located.
The granting party must sign the deed in the presence of a notary public. Property owned by a married person requires the spouse's signature because of potential marital rights, regardless of whether the spouse holds a direct interest in the property.
A special warranty deed in this state is void as to creditors and subsequent purchasers for valuable consideration without notice until it is recorded in the county where the property is located (W. Va. Code 40-1-9). To record a special warranty deed with a county clerk in West Virginia, the instrument must meet state and county requirements of form and content for documents pertaining to an interest in real property. All recorded deeds must be accompanied by a Sales Listing Form.
Deeds recorded in West Virginia are subject to a transfer tax based on the purchase price (consideration) listed on the deed, or, if no consideration is listed, the fair market value of the property. For deeds having no consideration, a Declaration of Consideration or Value is required.
If the grantor is not a West Virginia resident, tax withholding pursuant to W. Va. Code Section 11-21-71b is also required.
Consult a lawyer with questions about special warranty deeds or for any other issues related to transferring real property in West Virginia.
Get your Marshall 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 Marshall County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1707 Reviews) August 7th, 2020
Name: ELIZABETH G.
Review: This site was very easy to use. Great direction on how to complete the form.
Reply from Staff on August 7th, 2020
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August 7th, 2020
Name: COURTNEY K.
Review: I could not be happier with this service! It was so easy and fast!
Reply from Staff on August 7th, 2020
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August 7th, 2020
Name: Donald C.
Review: As promised, my forms were immediately ready for download. The forms were exactly what i wanted. I couldnt be happier and i cant even guess how much money i saved. They were even formatted to the exact font, spacing and margin used by my county. It is obvious a lot of time and effort was put into the preparation of these documents. They are absolutely perfect. Check it out, you wont be disappointed and the price is much less than i expected. Don caldwell
Reply from Staff on August 7th, 2020
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August 6th, 2020
Name: Beverly L J.
Review: The process for receiving the quitclaim document worked well. I couldn't use the document. If I had been able to view the document before I had to pay for it, I would have known, but that isn't how your process works. However, that's the only snag I found. Otherwise the process for paying and downloading the document worked well. Thank you.
Reply from Staff on August 7th, 2020
Thank you for your feedback Beverly. We certainly do not want you to pay for something you are unable to use. To that end we have canceled your order and refunded your payment. We do hope that you find something more suitable to your needs. Have a wonderful day.
August 6th, 2020
Name: Vince D.
Review: Great product and service, really makes me rethink the value I provide to my customers.
Reply from Staff on August 6th, 2020
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August 6th, 2020
Name: Jay T.
Review: I filled out the deed, had it notarized, and recorded. No problems. I put this off for so long. Once I had the form it was recorded in one day.
Reply from Staff on August 6th, 2020
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August 6th, 2020
Name: Alex J.
Review: Very simple to use. I am a private homeowner with no experience in such things and it was very easy to do which was quite a relief. Thank you.
Reply from Staff on August 6th, 2020
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August 6th, 2020
Name: Nancy B.
Review: This was the easiest, quickest, most understandable way I've seen yet to retrieve deeds from various counties. The government websites are "clunky" and each one seems different than the other. I like this service and will use them again in the future. NANCY
Reply from Staff on August 6th, 2020
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August 5th, 2020
Name: RUSSELL E.
Review: The process sure was easy and fast. Not sure why a rep would question why I am requesting an exhibit page on the Deed when that's a common practice here in AZ. They recorded it the way I sent it so all good.
Reply from Staff on August 5th, 2020
Thank you!
August 5th, 2020
Name: Robert A.
Review: A well constructed site, easy to navigate and a pleasure to use. I'd give it a 10 on 10
Reply from Staff on August 5th, 2020
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