Definition and meaning
A Pennsylvania Special Warranty Deed is a legal document used to transfer property ownership between corporations in the state of Pennsylvania. This deed serves as a guarantee that the grantor (the corporation transferring the property) holds the title and has the right to convey it. Unlike a general warranty deed, a special warranty deed limits the grantor’s liability to claims made during their period of ownership, protecting them from issues that arose prior to their acquisition of the property.
Who should use this form
This form is appropriate for corporations that are looking to transfer real estate property to another corporation in Pennsylvania. It is typically used in business transactions where one corporate entity sells or conveys real estate to another corporate entity. Both parties should ensure they understand their rights and responsibilities before completing the transfer.
How to complete a form
To complete the Pennsylvania Special Warranty Deed, follow these steps:
- Start by filling in the names of the Grantor and Grantee, including their corporate status and addresses.
- Provide the legal description of the property being conveyed, which can usually be found in prior deeds or property records.
- Include any prior instrument reference, such as book and page numbers where applicable.
- Sign the deed in front of a notary public, ensuring that the corporation's representative has the authority to execute the document.
- Complete the certification of the Grantee’s address.
Always double-check the completed form for accuracy and ensure all required information is included.
Key components of the form
The essential components of the Pennsylvania Special Warranty Deed include:
- Grantor Information: The corporation transferring the property must include its name and details.
- Grantee Information: The corporation receiving the property must be clearly identified.
- Legal Description: A detailed description of the property being conveyed, often found in previous deeds.
- Consideration: The payment or value exchanged for the property, typically documented as a nominal amount.
- Signatures: Must include the signatures of authorized representatives from both the Grantor and Grantee.
- Notarization: The document must be notarized to be legally binding.
What to expect during notarization or witnessing
During the notarization of the Pennsylvania Special Warranty Deed, a notary public will verify the identities of the individuals signing the deed. Both the Grantor’s and Grantee’s representatives should provide identification. The notary will witness the signing and affix their seal to the document, confirming the authenticity of the signatures. This step is crucial as it provides legal protection against disputes regarding the validity of the deed.
State-specific requirements
In Pennsylvania, a Special Warranty Deed must comply with specific state laws. These requirements include:
- The deed must be executed in writing and signed by the Grantor.
- It must be notarized to be enforceable.
- The deed must be recorded in the office of the county recorder where the property is located to provide public notice of the transfer.
- The legal description of the property must be accurate and clear to avoid disputes regarding property boundaries.
Failure to meet these requirements may result in delays or legal issues concerning the property transfer.
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