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All Mcdowell County specific forms and documents listed below are included in your immediate download package:
The Following West Virginia and Mcdowell County supplemental forms are included as a courtesy with your order.
Declaration of Consideration (West Virginia Document)
Sales Listing Form (West Virginia Document)
Instructions for Sales Listing Form (West Virginia Document)
Certificate of Acknowledgment - Individual (West Virginia Document)
Certificate of Acknowledgment - Representative (West Virginia Document)
Verification of an Oath - Jurat (West Virginia Document)
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.
The documents you receive here will meet, or exceed, the Mcdowell County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Mcdowell 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.
4.8 out of 5 (3962 Reviews) March 23rd, 2023
Name: MIchael T.
Review: very helpful in a trouble free manner.
Reply from Staff on March 23rd, 2023
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March 23rd, 2023
Name: Roger G.
Review: was difficult to find the location on the website to actually download the form I needed. Initially was directed only to information pages related to the form I needed
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March 23rd, 2023
Name: Walter C.
Review: Awesome everything you would ever need
Reply from Staff on March 23rd, 2023
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Name: Michael K.
Review: Service seems smooth. I just wonder what the turn around time on recording is (I need proof of recordation).
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Name: Sandra K.
Review: Seems fairly simple with forms and instructions
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Name: Shane T.
Review: The Transfer on Death Deed form package was very good. But like anything, could use some improvements. There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property" The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway. The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.) It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
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Name: Curley L F.
Review: The deed form I downloaded was easy to use and just what i needed.
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Name: Ronald R.
Review: first tinme use, good buy=t expensive
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Name: Richard G.
Review: I was not able to add more linea to the deed and add up to four people and their addresses. The document should be able to be expanded.
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Name: Raymond M.
Review: It would be really nice if you had an example of the document full size that can be examined/read before having to pay. I was gambling that it was the exact document that I needed when I paid my fee. Fortunately, it was, and I commend you for that.
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Name: Marie A.
Review: Easy to download, helpful information and forms quick when you need them. Thank you Deeds.com.
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Review: Good service; thank you.
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Name: Michael W.
Review: I thought it was fine, but I would like to have the option to download Word versions of each form, for easier preparation on my end.
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Name: Edward M.
Review: Great Forms, Detailed explanation on how to fill them out properly. No Issues at all. Very e-z to use site and forms. Thanks
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Name: Michael B.
Review: It was a breeze to utilize.
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