Kentucky Special Warranty Deed Form

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What Is a Special Warranty Deed In Kentucky?

A Kentucky warranty deed form is a type of deed that provides a limited warranty of title to the property being transferred. With a special warranty deed, the grantor (the person transferring the property) only warrants that they have not done anything during their ownership of the property to encumber or harm the title but makes no representations or warranties about the property's history prior to the grantor's ownership. Special warranty deed Kentucky is typically used in commercial real estate transactions.

How to Create Kentucky Special Warranty Deed Form

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Here is an example of how to write a Kentucky special warranty deed pdf form:

  1. Begin by identifying the parties involved in the transaction, including the grantor (the person transferring the property) and the grantee (the person receiving the property).
  2. Include a legal description of the property being transferred, including the street address and county where the property is located.
  3. Use language that clearly states that the grantor is transferring the property with a special warranty of title. An example of this language is "the grantor hereby conveys and warrants to the grantee the following described property with a special warranty of title."
  4. Include a statement of the grantor's understanding of the property's condition and any encumbrances affecting the property.
  5. Include the signature of the grantor and the date of the transfer.
  6. Depending on the local law, it is required to have the signature of a notary public or other authorized official to witness the signing of the deed
  7. Finally, have the document recorded in the county where the property is located

It is always a good idea to consult with a lawyer before writing any special warranty deed form, as the specific requirements and language used may vary depending on the county or state.

How to Get a Warranty Deed In Kentucky

Here are the general steps to obtain a Kentucky special warranty deed form:

  1. First, find the current property owner you wish to purchase by looking up the property's deed at the county clerk's office.
  2. Next, agree on a purchase price with the current owner and draft a purchase agreement outlining the terms of the sale.
  3. Once both parties sign the purchase agreement, the current owner will need to prepare a warranty deed conveying the property to you. You can find and fill out this form for free on the PDFliner website. Also this can be done with the help of a lawyer or a title company.
  4. The warranty deed should be signed by the current owner and notarized.
  5. After the deed is signed, it should be recorded in the county where the property is located. This can be done by the current owner or by a title company.

Once the deed is recorded, the title of the property will be transferred to you, and you will be the legal owner of the property.

Common Uses of Kentucky Special Warranty Deed Form

Here are a few examples of situations where a special warranty deed form might be used in Kentucky:

  • Commercial real estate transactions: Special warranty deeds are often used in commercial real estate transactions because they provide a limited warranty of title and limit the grantor's liability for issues that may have arisen before their ownership.
  • Property sales between related parties: Special warranty deeds are also often used in situations where the property is being sold between related parties, such as a parent selling property to their child, as the grantor may not have a full understanding of the property's history.
  • Foreclosures: Special warranty deeds are often used in situations where a property has been foreclosed upon, as the grantor may not have a full understanding of the property's history and may not be able to provide a full warranty of title.
  • Investment properties: Special warranty deeds are commonly used in situations where properties are bought and sold by investors.
  • When the grantor wants to limit liability: Special warranty deeds are also used when the grantor wants to limit their liability for any problems that may have occurred before their ownership of the property; this way, the grantor is only responsible for the title during their ownership period.

Also, while special warranty deeds are commonly used in commercial transactions, it's always best to consult a lawyer to determine the best deed for a specific situation.

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