Idaho Special Warranty Deed Form

What Is a Special Warranty Deed In Idaho?

An Idaho Special Warranty Deed Form is a type of real estate deed that provides limited liability to the grantor (the person transferring ownership of the property) for any defects in the title to the property. You can get the Idaho warranty deed form free of charge from the PDFliner website. 

With a special warranty deed, the grantor warrants, or promises, that the title to the property is good and clear of any defects or encumbrances that may have occurred during the grantor's ownership of the property but does not extend any warranty for defects that existed prior to the grantor's ownership. This type of deed is commonly used in commercial real estate transactions. 

How to Create Idaho Special Warranty Deed Form

Here is an example of how to write an Idaho special warranty deed form:

1. Start by including the legal description of the property being transferred. This should include the address and identifying information, such as the parcel number, lot, and block number.
2. Identify the grantor (the person transferring ownership of the property) and the grantee (the person receiving ownership of the property) by name and address.
3. Include language that states that the grantor is conveying the property to the grantee "with a special warranty of title." This language should be included in the first sentence of the deed.
4. Include a legal description of the property being transferred, such as the parcel number and address.
5. Include a statement that the grantor warrants and will defend the title to the property against any person lawfully claiming the same, except for any defects, liens, encumbrances, or adverse claims that arose during the grantor's ownership of the property.
6. Include a statement that the grantor has not sold, conveyed, or encumbered the property and that the property is free and clear of any liens or encumbrances.
7. Include the date and the signature of the grantor and the grantee.
8. The state of Idaho warranty deed form should be acknowledged by a notary public, who will witness the signatures of the grantor and the grantee and affix a seal to the document.

It's important to note that this is an Idaho general warranty deed form guide and it's always better to consult a lawyer before any legal action.

How to Get a Warranty Deed In Idaho

Here are the steps to get a Special Warranty Deed Idaho:

1. Identify the property: Obtain the legal description of the property, including the address, parcel number, and any other identifying information.
2. Find the current owner: Use the legal description to search the county property records to determine the current owner of the property.
3. Prepare a deed: Have a lawyer or title company prepare a warranty deed that includes the legal description of the property, the names and addresses of the grantor (current owner) and grantee (new owner), and language that warranties the title to the property against any defects or encumbrances.
4. Sign the deed: The grantor and grantee must sign the deed in the presence of a notary public.
5. Record the deed: The warranty deed must be recorded with the county recorder's office where the property is located. This will make the ownership change official and provide notice to the public of the transfer of ownership.
6. Pay the taxes: Make sure that the taxes are paid up to date, and if not, consult with the county treasurer's office for instructions

Common Uses of Idaho Special Warranty Deed Form

An Idaho Warranty Deed Form is commonly used in the following situations:

• Commercial Real Estate Transactions: Special warranty deeds are often used in commercial real estate transactions because they provide limited liability for any defects in the title to the property that may have occurred during the grantor's ownership. This is particularly useful for large, complex commercial properties with a history of ownership changes.
• Sale of Property from a Business: Businesses that own property may use a special warranty deed to transfer the property to a new owner. This can be particularly useful when a business is being sold or dissolved, as it protects the new owner against any defects in the title that may have occurred during the business's ownership of the property.
• Sale of Property from a Trust: Trusts that own property may use a special warranty deed to transfer the property to a new owner. This can be particularly useful when a trust is being dissolved, as it protects the new owner against any defects in the title that may have occurred during the trust's property ownership.
• Sale of Property from a Bankruptcy Estate: Banks and other financial institutions that own property through a bankruptcy estate may use a special warranty deed to transfer ownership of the property to a new owner. This can protect the new owner against any defects in the title that may have occurred during the bankruptcy estate's ownership of the property.