South Carolina Warranty Deed from two Individuals to Corporation

State:
South Carolina
Control #:
SC-05-78
Format:
Word; 
Rich Text
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What this document covers

The Warranty Deed from two Individuals to Corporation is a legal document used to transfer property ownership from two individuals (grantors) to a corporation (grantee). This form guarantees that the grantors have the legal authority to transfer the property and protects the grantee against any future claims to the property. Unlike other types of deeds, this warranty deed explicitly warrants the title to the property, ensuring that it is free of encumbrances, except for those specifically noted in the deed.

Main sections of this form

  • Description of the property being conveyed
  • Identification of the grantors (the individuals transferring the property)
  • Identification of the grantee (the corporation receiving the property)
  • Reservation of any oil, gas, and mineral rights by the grantors
  • Warranties provided by the grantors regarding the title
  • Signature lines for grantors, witnesses, and a notary
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When to use this document

This form is typically used when two individuals are transferring real estate ownership to a corporation. It may be applicable in situations such as business acquisitions, property consolidations, or when transferring personal property into a business entity. If you are involved in any property transaction that requires a formal ownership change and includes warranties about the title, this deed is the appropriate choice.

Who needs this form

  • Individuals looking to transfer property to a corporation
  • Corporations acquiring real estate from private individuals
  • Real estate attorneys facilitating property transactions
  • Property owners wishing to ensure their interests are protected in the transaction

Instructions for completing this form

  • Identify the parties involved: the two individuals transferring the property and the corporation receiving it.
  • Provide a detailed description of the property being transferred.
  • Enter the prior instrument reference details, including book, page, and document number.
  • Specify any reserved oil, gas, and mineral rights as noted in the form.
  • Have all parties sign the document in the presence of witnesses and a notary.

Is notarization required?

This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.

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We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

  • Failing to provide a complete and accurate property description.
  • Neglecting to specify if there are any reservations on mineral rights.
  • Not having the document notarized or signed by witnesses where required.
  • Overlooking the need to check for existing liens or encumbrances on the property.

Benefits of completing this form online

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  • Editable fields to customize the document as needed
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FAQ

Review the property title to see who is officially listed on it. Sign the title over to the new owner in the place that is noted. Complete a general warranty deed to show the transfer of ownership from you to another. Pay the real estate transfer tax as levied in South Carolina.

The mortgage company usually prepares this deed as part of the loan package and delivers it to the title company for you to sign at closing. The title company is commonly the trustee to the deed and holds legal title to the property until the loan gets fully repaid.

Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.

Corporate warranty deeds offer the seller's guarantee to the buyer in regards to the validity of the chain of title. Generally, special warranty deeds only protect against problems occurring since the seller purchased the property.

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.

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

After your Warranty Deed has been recorded at the County Clerk's Office, it can be sent to the grantee. However, any person or corporation can be designated as the recipient of the recorded Warranty Deed.

The original deed is returned to the owner of the property from the office of the recorder after proper entry. The office of the Recorder of Deeds maintains a set of indexes about each deed recorded, for an easy search. Almost all states have a grantor-grantee index including a reference to all documents recorded.

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.

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South Carolina Warranty Deed from two Individuals to Corporation