Summers County Special Warranty Deed Form (West Virginia)

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

Special Warranty Deed Form

Summers County Special Warranty Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Summers County compliant document last validated/updated 2/21/2024

Special Warranty Deed Guide

Summers County Special Warranty Deed Guide

Line by line guide explaining every blank on the form.
Included Summers County compliant document last validated/updated 3/14/2024

Completed Example of the Special Warranty Deed Document

Summers County Completed Example of the Special Warranty Deed Document

Example of a properly completed form for reference.
Included Summers County compliant document last validated/updated 5/3/2024

When using these Special Warranty Deed forms, the subject real estate must be physically located in Summers County. The executed documents should then be recorded in the following office:

Summers County Clerk

Courthouse - 451 First Ave, Suite 106, Hinton, West Virginia 25951

Hours: 8:30 to 4:30 M-F

Phone: (304) 466-7104

Local jurisdictions located in Summers County include:

  • Elton
  • Forest Hill
  • Green Sulphur Springs
  • Hinton
  • Jumping Branch
  • Meadow Creek
  • Nimitz
  • Pence Springs
  • Pipestem
  • Sandstone
  • Talcott

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Summers 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Summers County using our eRecording service.
Are these forms guaranteed to be recordable in Summers County?

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

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 Summers County that you need to transfer you would only need to order our forms once for all of your properties in Summers County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Summers 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.

What type of files are the forms?

All of our Summers 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.

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.

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.

Are there any recurring fees involved?

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

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.

(West Virginia SWD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Summers 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 Summers 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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