A warranty deed typically is required to include the following so it can be processed at the local Registry of Deeds where the property is located:
- Title. It must say "Warranty Deed" or the statutory required title at the top of the deed to represent this type of transfer.
- Margins. It must have the required spacing under State and/or local laws (e.g., 2 1/2 inches from the top and bottom of the page)
- Grantor. The seller's information, including their marital status.
- Grantee. The buyer's information, including their marital status.
- Legal Description. A description of the property in legal terms. It is best to find the last sale at the registry of deeds to copy and paste what was accepted previously. If not, use the local assessor's tax map and lot numbers which usually is accepted (in addition to the previous deed book and page numbers).
- Sales Price. Consideration is required unless the property is being gifted or transferred.
- Granting Clause. This is VERY IMPORTANT TO BE EXACTLY AS WRITTEN. Each State has its own 'words of conveyance' that are required to be on the deed (e.g., "the Grantor hereby grants, warrants, and conveys to the Grantee").
- Covenants. Language that promises the grantor owns the property and has the legal right to sell it.
- Signature. The Grantor is the only party required to sign. Although, there may be statutory laws requiring witnesses, a notary, or both.
- Recording. The grantee must accept the deed and file/register with the local Registry of Deeds. There is commonly a fee associated with this (typically $/page). It typically takes a few days for the deed to be officially recorded.
Could you upload the warranty deed so I can see it has included all the above-mentioned items?
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Hi - did I fill out the Warranty Deed Form correctly?
I understand you’re concerned about the Warranty Deed Form. Can you confirm if you filled out all the necessary fields?
I did indeed.
Have you had any previous experience with filling out legal forms like this before?
No.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your Warranty Deed Form.
No, thank you.
My name is Jessica, and I am a licensed attorney who will be assisting you with your question. I am reviewing your question and will be providing a response momentarily. Are you able to upload a copy of the deed for my review?
Hi - I filled out the warranty deed template on this website and submitted it. I haven’t received the form I filled out yet.
A warranty deed typically is required to include the following so it can be processed at the local Registry of Deeds where the property is located:
- Title. It must say "Warranty Deed" or the statutory required title at the top of the deed to represent this type of transfer.
- Margins. It must have the required spacing under State and/or local laws (e.g., 2 1/2 inches from the top and bottom of the page)
- Grantor. The seller's information, including their marital status.
- Grantee. The buyer's information, including their marital status.
- Legal Description. A description of the property in legal terms. It is best to find the last sale at the registry of deeds to copy and paste what was accepted previously. If not, use the local assessor's tax map and lot numbers which usually is accepted (in addition to the previous deed book and page numbers).
- Sales Price. Consideration is required unless the property is being gifted or transferred.
- Granting Clause. This is VERY IMPORTANT TO BE EXACTLY AS WRITTEN. Each State has its own 'words of conveyance' that are required to be on the deed (e.g., "the Grantor hereby grants, warrants, and conveys to the Grantee").
- Covenants. Language that promises the grantor owns the property and has the legal right to sell it.
- Signature. The Grantor is the only party required to sign. Although, there may be statutory laws requiring witnesses, a notary, or both.
- Recording. The grantee must accept the deed and file/register with the local Registry of Deeds. There is commonly a fee associated with this (typically $/page). It typically takes a few days for the deed to be officially recorded.
Could you upload the warranty deed so I can see it has included all the above-mentioned items?
Sorry, but not yet. How would you like me to proceed?
You can attach it to this conversation for my review.
Ok - just uploaded
The only part missing from the Deed is the spouse of the Grantor must sign too. Did he own the property before being married?
The seller’s spouse is not on his original deed, though.
Ok, then it is marital property, and the spouse has to sign the deed.
Sorry - take that back. I just called him. He owned the property BEFORE he was married.
Ok, then it is separate property, and the spouse does not need to sign.
Perfect. Should I change that section of the deed form where I checked that he is married?
No, if he is married, his marital status must be listed.
OK. Anything else that needs attention on that deed form? Or am I good to go?
Is the legal description the way it is exactly stated on the original deed?
Yes.
Ok, then it is good.
Thank you so much. Have a nice day!
No problem. Thank you!
