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Special Warranty Deed Form - Preston 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 - Preston 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 - Preston County
Example of a properly completed form for reference.
Included document last updated 8/13/2020
*The Following West Virginia and Preston 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 Preston 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 Preston 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 (1731 Reviews) August 13th, 2020
Name: Danny W.
Review: download complete..I am happy with results. Correct document for the state and my application, and it was a simple transaction.
Reply from Staff on August 13th, 2020
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August 13th, 2020
Name: Jim H.
Review: Well written form, and the guidance document and example supplied were very helpful.
Reply from Staff on August 13th, 2020
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August 13th, 2020
Name: Richard S.
Review: Not user friendly, and not an Adobe fan. The first page of Quitclaim Deed form cuts off the Parcel Identification line on the bottom. Also quite a few forms showed up to be downloaded , after I paid, so I was unsure if all the forms were part of the quitclaim package. I have adobe but was unable to locate the forms in adobe on my computer after I downloaded them. Just wanted to print out one quitclaim deed form, which would have taken less that 3 minutes. instead it took 97 minutes. Thank you, though, for having the form there.
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August 13th, 2020
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Review: I am so happy that I was able to get these forms. So simple to get and seems like will be easy to fill out . Thank you
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August 13th, 2020
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Review: Everything is done in a timely manner which is very much appreciated.
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August 12th, 2020
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Review: Excellent Detailed and clear Easy to use
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August 11th, 2020
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Review: I found the site very easy to use and upfront about the cost. I had tried two other sites both of which had hidden costs until after I filled out the forms.
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August 11th, 2020
Name: Robert J.
Review: Ordered the quitclaim forms. Amazing value! Received everything I needed and then some. The forms were easy to use and understand with the help of the guide. The best part was that once completed I used deeds.com's e-recording service to submit the document for recording (our county offices are still closed). Outstanding!
Reply from Staff on August 11th, 2020
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