South Carolina Warranty Deed - Individual to Limited Liability Company
About this form
The Warranty Deed - Individual to Limited Liability Company is a legal document that facilitates the transfer of real property from an individual (the grantor) to a limited liability company (the grantee). This deed guarantees that the grantor holds clear title to the property and has the right to transfer it. Notably, it includes a provision allowing the grantor's spouse to waive their rights and interests in the property, making it distinct from other property transfer forms. This form complies with state laws to ensure its legality and enforceability.
What’s included in this form
- Grantor and grantee identification fields.
- Property description, including legal designation and tax map number.
- Signature and notarization requirements for both the grantor and witnesses.
- Waiver of rights and interests by the grantor's spouse.
- Affidavit of true consideration for any applicable fees.
When to use this form
This form is typically used when an individual wishes to transfer their real property to a limited liability company. Scenarios in which this form is needed may include changing ownership for liability protection, establishing a business entity, or facilitating property investments. If the grantor is married, this deed is particularly important as it includes provisions for the spouse to waive any claims to the property.
Who can use this document
This form is intended for:
- Individuals transferring personal real estate to a limited liability company.
- Business owners looking to formalize property ownership under an LLC.
- Married grantors whose spouse needs to waive their rights to the property.
- Real estate professionals assisting clients with property transfers to LLCs.
Completing this form step by step
- Identify the parties involved, including the grantor (individual) and the grantee (LLC).
- Provide a complete legal description of the property being transferred.
- Include the date of execution and ensure original signatures are collected.
- Ensure the grantor's spouse signs the waiver of rights if applicable.
- Notarize the document and include necessary affidavits for true consideration.
Does this document require notarization?
Yes, this form must be notarized to be legally valid. Notarization is essential in providing authenticity to the signatures of the grantor and the witnesses. US Legal Forms offers integrated online notarization services, available 24/7, ensuring a secure video call for verification, eliminating the need for physical travel.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to include a complete legal description of the property.
- Not obtaining all original signatures required for notarization.
- Overlooking the waiver of rights by the grantor's spouse.
- Inaccurate identification of the grantor and grantee that does not match recorded documents.
- Not including the correct notarization statement required by state law.
Why use this form online
- Convenience of completing and downloading the form from any device.
- Editability allows for the correct entry of information before printing.
- Reliability of professionally drafted forms by licensed attorneys.
- Instant access to essential legal documentation without needing a physical visit to an attorney.
What to keep in mind
- The Warranty Deed facilitates the transfer of property from an individual to an LLC.
- It includes important clauses that protect the rights of the parties involved.
- Proper completion and notarization are crucial for legal validity.
- Using this form online provides you with ease and access to expert-drafted templates.
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FAQ
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
Let's start with the definition of a deed: DEED: A written instrument by which one party, the Grantor, conveys the title of ownership in property to another party, the Grantee. A Warranty Deed contains promises, called covenants, that the Grantor makes to the Grantee.
In South Carolina, the grantor must sign the deed in front of two witnesses and in the presence of an individual authorized by the state to administer an oath. Record the completed deed at the local county Recorder's office, along with an Affidavit of True Consideration (S.C. Code Ann.
An original, wet signed document. Signature of the Party of the First Part. Two witnesses to the signature. A South Carolina Probate or Acknowledgement. A property description to include a recorded plat reference or metes and bounds description.
Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.
A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.
The South Carolina deed recording fee is imposed for the privilege of recording a deed, and is based on the transfer of real property from one person or business entity to another. The fee is generally imposed on the grantor of the real property, although the grantee may be secondarily liable for the fee.
It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating
In order to make the Warranty Deed legally binding, the Seller needs to sign it front of a notary public. Then signed and notarized deed must be filed at the city or county office for recording property documents. Before filing with this office all previously billed property taxes must be paid in full.
