Special Warranty Deed

SPECIAL WARRANTY DEED

State of Illinois

Recording Requested By:
_____________________________________________

Mail To:
_____________________________________________
_____________________________________________
_____________________________________________

Permanent Index Number (PIN):
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

KNOW ALL MEN BY THESE PRESENTS:

This Special Warranty Deed is made this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person, not married
☐ A married person
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], an _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Grantee's Address for Tax Billing Purposes (Required per 55 ILCS 5/3-5020):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ As joint tenants with the right of survivorship and not as tenants in common
☐ As tenants in common
☐ As tenants by the entirety
☐ A _________________ [entity type], an _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

The Grantor(s), of the ☐ City ☐ Village ☐ Town of _________________, in the County of _________________ and State of _________________, for and in consideration of the sum of $_____________________ (____________________ Dollars) in hand paid,

CONVEYS AND SPECIALLY WARRANTS to the above-named Grantee(s), the following described real estate situated in the County of _________________, in the State of Illinois, to wit:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and made a part hereof.

Permanent Index Number (PIN): _____________________________________________

Commonly Known As: _____________________________________________

hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois.

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Grantor hereby covenants with Grantee that Grantor is lawfully seized of the above-described premises in fee simple, and has good right and lawful authority to convey the same; that the title so conveyed is clear, free, and unencumbered, except as noted herein; and that Grantor WILL WARRANT AND DEFEND the title to the premises against the lawful claims of all persons claiming by, through, or under the Grantor, but against none other.

Section 3.2 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. Unlike a general warranty deed under 765 ILCS 5/9, the warranties contained herein are LIMITED to claims arising from acts or omissions of the Grantor during Grantor's period of ownership. This deed does NOT warrant against:

• Defects in title existing prior to Grantor's ownership
• Liens or encumbrances created by prior owners
• Claims of persons NOT claiming by, through, or under Grantor

Section 3.3 Statutory References

This conveyance is made pursuant to:

• 765 ILCS 5/1 et seq. (Conveyances)
• 765 ILCS 5/9 (Warranty deed - statutory form modified for special warranty)
• 765 ILCS 5/20 (Acknowledgment requirements)
• 35 ILCS 200/31-10 (Documentary transfer tax)
• 55 ILCS 5/3-5020 (Grantee address requirement)
• 55 ILCS 5/3-5022 (Preparer identification requirement)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General real estate taxes for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, easements, reservations, and rights-of-way of record;

(d) All matters which would be disclosed by an accurate survey and inspection of the premises;

(e) Rights of parties in possession;

(f) Acts and special assessments subsequent to the date hereof;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: TRANSFER TAX AND DECLARATIONS

Section 5.1 Illinois Real Estate Transfer Tax (35 ILCS 200/31-10)

State Transfer Tax Rate: $0.50 per $500 of consideration (or fraction thereof)
County Transfer Tax Rate: $0.25 per $500 of consideration (varies by county)

Total Consideration: $_____________________
State Transfer Tax Due: $_____________________
County Transfer Tax Due: $_____________________

☐ This transfer is exempt from transfer tax pursuant to 35 ILCS 200/31-45 because:
_____________________________________________

Section 5.2 PTAX-203 Declaration

☐ Illinois Real Estate Transfer Declaration (Form PTAX-203) is attached hereto.

☐ This transfer is exempt and no PTAX-203 is required pursuant to 35 ILCS 200/31-45, exemption number _____.

Section 5.3 Chicago Real Estate Transfer Tax (if applicable)

☐ Not Applicable - Property not in City of Chicago

☐ Applicable - Chicago RETT at applicable rate: $_____________________

ARTICLE VI: ADDITIONAL REQUIREMENTS

Section 6.1 Notarial Record Form

☐ A Notarial Record Form is attached hereto.
☐ This transfer is exempt from the Notarial Record Form requirement per 5 ILCS 312/3-102.

Section 6.2 Plat Act Affidavit (if required by county)

☐ A Plat Act Affidavit (765 ILCS 205/1) is attached hereto.
☐ Not required in this county.

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature

DATED this _____ day of _________________, 20_____.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

_____________________________________________
Signature

_____________________________________________
Printed Name

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Illinois Acknowledgment (Individual)

STATE OF ILLINOIS
COUNTY OF _________________

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that:

_____________________________________________

personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed, and delivered the said instrument as his/her/their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of all rights under and by virtue of the Homestead Exemption Laws of this State.

GIVEN under my hand and Notarial Seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Illinois Acknowledgment (Entity)

STATE OF ILLINOIS
COUNTY OF _________________

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that:

_________________________, personally known to me to be the _________________________ [title] of _________________________ [entity name], and personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he/she signed, sealed, and delivered the said instrument as his/her free and voluntary act and as the free and voluntary act and deed of said entity, for the uses and purposes therein set forth.

GIVEN under my hand and Notarial Seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I, the undersigned, a Notary Public in and for said County and State, DO HEREBY CERTIFY that:

_____________________________________________

personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed and delivered the said instrument as his/her/their free and voluntary act.

GIVEN under my hand and Notarial Seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Permanent Index Number (PIN): _____________________________________________

Property Address: _____________________________________________

ILLINOIS RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by County)

Illinois Real Estate Transfer Tax (35 ILCS 200/31-10)

Note: Some municipalities (including Chicago) impose additional transfer taxes.

Chicago Real Estate Transfer Tax

Transfer Tax Exemptions (35 ILCS 200/31-45)

Common exemptions include:

• Deeds to or from governmental bodies
• Deeds for nominal consideration ($100 or less)
• Deeds to trusts where grantor is beneficiary
• Deeds from trustees to beneficiaries
• Tax deeds
• Deeds pursuant to mergers/consolidations of corporations

Required Accompanying Documents

1. PTAX-203 - Illinois Real Estate Transfer Declaration
2. Notarial Record Form - Unless exempt (5 ILCS 312/3-102)
3. Plat Act Affidavit - If required by county (765 ILCS 205/1)
4. Tax Payment - State and county transfer taxes

Document Format Requirements

• Paper size: 8.5" x 11"
• Margins: Adequate for recording stamps (3" top recommended)
• Ink: Black ink
• Font: Minimum 10-point, legible

Important Legal Notes

1. Homestead Waiver: Acknowledgment should reference release of homestead rights.

2. Joint Tenancy: Must be expressly stated to create survivorship rights.

3. Notarial Seal Required: Illinois requires notarial seal when notarized in state (765 ILCS 5/20).

4. Title Insurance: Grantees should consider obtaining title insurance.

5. Legal Counsel: Consultation with a licensed Illinois attorney is recommended.

This instrument was prepared by (55 ILCS 5/3-5022):

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Illinois attorney before using this form.