South Dakota Warranty Deed from Individual to Corporation
What is this form?
The Warranty Deed from Individual to Corporation is a legal document used to transfer property ownership from an individual, who is unmarried, to a corporation. This form provides a guarantee that the individual has a clear title to the property, free of any liens or encumbrances. Unlike other property transfer documents, this warranty deed offers an assurance of title, making it ideal for situations where the grantee wants protection against claims from third parties regarding the property's ownership.
What’s included in this form
- Identification of the grantor (individual seller) and grantee (corporation buyer).
- Description of the property being transferred, including legal identifying details.
- Covenant from the grantor assuring they have clear title to the property.
- Signatures of the grantor and a witness, and any required date fields.
- Potential attachment for a legal description of the property as Exhibit A.
When to use this form
This form is appropriate when an unmarried individual wishes to convey ownership of real estate to a corporation. It is commonly used in real estate transactions where the corporation is acquiring the property for business purposes, investments, or other commercial activities. Use this form to ensure the transfer is legally recognized, providing both the grantor and the corporation with assurance against any future claims to the title.
Who should use this form
This form is intended for:
- Individuals who are unmarried and wish to transfer their property to a corporation.
- Corporations seeking to acquire real estate assets.
- Real estate professionals facilitating property transactions between individual sellers and corporate buyers.
- Attorneys and legal representatives assisting clients in property transfers.
Steps to complete this form
- Identify the grantor (unmarried individual) and the grantee (corporation) in the designated fields.
- Provide a detailed legal description of the property being transferred.
- Fill in the date on which the deed is being executed.
- Ensure that the grantor signs the document in the presence of a witness.
- If needed, attach an Exhibit A with further legal descriptions of the property.
Does this form need to be notarized?
This form does not typically require notarization unless specified by local law. However, it is advisable to consult local requirements for any additional regulations that may apply.
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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 provide a complete legal description of the property.
- Not having the document signed in the presence of a witness.
- Omitting the date of the transaction.
- Neglecting to file the necessary Certificate of Real Estate Value in South Dakota.
Why use this form online
- Immediate access to a legally sound Warranty Deed template.
- Ability to download and fill out the form in various formats including Word and Rich Text.
- Convenience of completing the document at your own pace.
- Secure online storage options for your completed documents.
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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.
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.
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 deed did not meet the written requirements (such as if it failed to accurately describe the property); The deed was forged; The deed was induced by fraud, misrepresentation, coercion, duress, or undue influence; The deed was not delivered, or not delivered properly, and there was no acceptance by the grantee.
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
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.
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.
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.
