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What Is a Special Warranty Deed In Iowa?
An Iowa Warranty Deed Form is a type of deed that guarantees the title of the property being transferred is free from any defects or encumbrances that existed during the time the grantor (seller) owned the property but didn't make any guarantees about any defects or encumbrances that existed before the grantor obtained title to the property. This type of deed is less comprehensive in its guarantees than a general warranty deed, which provides a more extensive guarantee against any defects or encumbrances in the title.
Difference Between Special Warranty Deed vs Warranty Deed in Iowa
The principal difference between special warranty deed vs warranty deed Iowa is quite simple. They are both legal documents used to transfer ownership of real property, but they differ in the level of protection they provide to the grantee (buyer) regarding the title of the property.
A general warranty deed provides a more extensive guarantee against any defects or encumbrances in the title, while a special warranty deed only guarantees against defects or encumbrances that existed during the time the grantor owned the property
How to Write Iowa Special Warranty Deed Form
Writing a Special Warranty Deed Iowa form involves several key elements. Here is a general outline of the information that should be included in the form:
- Names and addresses of the grantor (seller) and grantee (buyer).
- The legal description of the property being transferred. This should include the address of the property, as well as the parcel number or lot and block number.
- A statement that the grantor is conveying the property to the grantee, that the grantor warrants that the title to the property is good and valid, and that the grantor will defend the title against any claims or encumbrances that existed during the time the grantor owned the property.
- A statement that the grantor is not making any guarantees about any defects or encumbrances that existed before the grantor obtained title to the property.
- A statement that the grantee is accepting the property "as is" and that the grantee is taking the property subject to any existing encumbrances or liens.
- The date of the deed.
- The signature of the grantor, along with any necessary witnesses or notary public.
It's important to note that it's always good to consult with a real estate attorney before writing or signing any legal document related to real estate transactions.
How to Get a Warranty Deed in Iowa
In order to obtain a Warranty Deed Iowa Form, you should follow these general steps:
- Locate the current owner of the property you are interested in purchasing. You can do this by searching the county property records, which are typically available online or through the county assessor's office.
- Execute a purchase agreement: The buyer and seller will agree on the terms of the sale, including the purchase price, and execute a purchase agreement. You can find and fill out this form for free on the PDFliner website.
- Conduct a title search: Before the sale can be completed, the buyer's lender or title company will conduct a title search to ensure that the title to the property is clear and that there are no outstanding liens or encumbrances.
- Resolve any title issues: If any problems are found during the title search, they must be resolved before the sale can proceed.
- Close the sale: Once the title is clear, the buyer will pay the purchase price and closing costs, and the seller will transfer the property to the buyer by executing and delivering a warranty deed.
- Record the warranty deed: The warranty deed should be recorded with the county recorder's office to make it a matter of public record.
After the warranty deed has been recorded, you will become the legal owner of the property and will be responsible for paying any property taxes and maintaining the property.
Common Uses of Iowa Special Warranty Deed Form
In Iowa, a special warranty deed form is commonly used when the grantor (seller) wants to limit the guarantees they are making about the title to the property. Here are a few common uses:
- Sale of a property by a developer or builder: Developers or builders may use a special warranty deed to convey new construction or newly-developed properties to buyers while limiting their liability for any issues with the title that existed before they acquired the property.
- Sale of a property by an investor: Investors who have purchased properties at a discount, such as through a foreclosure or short sale, may use a special warranty deed to transfer the property to a new owner while limiting their liability for any issues with the title that existed before they acquired the property.
- Sale of a property by a bank or government entity: Banks or government entities that acquire properties through foreclosure or eminent domain may use a special warranty deed to transfer the property to a new owner while limiting their liability for any issues with the title existed before they acquired the property.
- Sale of a property with known issues: In some cases, a property may have known issues with the title, such as outstanding liens or encumbrances. In such cases, a special warranty deed may be used to convey the property to a new owner, making it clear that the grantor is not responsible for resolving these issues.
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