Special Warranty Deed

SPECIAL WARRANTY DEED

State of Missouri

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Locator Number/Parcel ID:
_____________________________________________

3" TOP MARGIN FOR RECORDER OF DEEDS' USE (RSMo 59.310)

DOCUMENT INFORMATION

TITLE: SPECIAL WARRANTY DEED

SPECIAL WARRANTY DEED

KNOW ALL MEN BY THESE PRESENTS:

This Special Warranty Deed is made on _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

_____________________________________________
(Name)

of _____________________________________________
(Mailing Address - Required)

Marital Status:
☐ A single person
☐ A married person
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Mailing Address - Required for at least one Grantee)

Vesting:
☐ A single person
☐ A married person, as sole and separate property
☐ Husband and wife, as tenants by the entirety
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

Grantor, for the consideration of $_____________________ (____________________ Dollars) and other valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, does by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM, with SPECIAL WARRANTY, unto the above-named Grantee(s), and Grantee(s)' heirs and assigns forever, the following described real estate situated in _________________ County, Missouri, to-wit:

Section 2.2 Legal Description

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

Property Address: _____________________________________________

Locator Number/Parcel ID: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Grantor hereby covenants that Grantor is lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that Grantor has good right to convey the same; that the said premises are free and clear of all encumbrances done or suffered by Grantor; and that Grantor WILL WARRANT AND DEFEND the title to the said premises against the lawful claims of all persons claiming by, through, or under Grantor, but none other.

Section 3.2 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The covenants and 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:

• RSMo Chapter 442 (Titles and conveyances of real estate)
• RSMo § 442.020 (Form of deed)
• RSMo § 442.400 et seq. (Recording requirements)
• RSMo § 59.310 (Document standards for recording)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances, and immunities thereto belonging or in any wise appertaining, unto the said Grantee(s), and unto Grantee(s)' heirs and assigns forever;

Subject to:

(a) Real property taxes for the year 20_____ and thereafter, not yet due and payable;

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

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

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

(e) Rights of tenants or parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: TRANSFER TAX

Section 5.1 Missouri Transfer Tax

Missouri does not impose a state real estate transfer tax.

Recording fees apply and are paid by the Buyer for the deed, unless otherwise specified in the contract.

ARTICLE VI: MARITAL STATUS AND JOINDER

Section 6.1 Non-Title Holding Spouse

☐ A Non-Title Holding Spouse must execute any deed of conveyance or deed of trust (for homestead property).

Spouse Name (if joining): _____________________________________________

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have hereunto set their hand(s) and seal(s) this _____ day of _________________, 20_____.

GRANTOR(S):

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

SPOUSE (if joining):

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Missouri Acknowledgment (Individual)

STATE OF MISSOURI
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me appeared:

_____________________________________________

to me personally known to be the person(s) described in and who executed the foregoing instrument and acknowledged that he/she/they executed the same as his/her/their free act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL - Must be in black ink, minimum 8-point type]

Section 8.2 Missouri Acknowledgment (Entity)

STATE OF MISSOURI
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me appeared _________________________, to me personally known, who, being by me duly sworn, did say that he/she is the _________________________ [title] of _________________________ [entity name], a _________________________ [entity type], and that said instrument was signed on behalf of said entity by authority of its _________________________ [governing body], and said _________________________ acknowledged said instrument to be the free act and deed of said entity.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL - Must be in black ink, minimum 8-point type]

Section 8.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me appeared:

_____________________________________________

to me personally known (or proved to me on the basis of satisfactory evidence) to be the person(s) described in and who executed the foregoing instrument and acknowledged that he/she/they executed the same as his/her/their free act and deed.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Missouri:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Locator Number/Parcel ID: _____________________________________________

MISSOURI RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements (RSMo 59.310)

Document Format Requirements (RSMo 59.310)

Recording Fees (Vary by County)

Example (St. Louis):

• Standard Deed: $23 first page + $5 each additional page
• Non-Standard: $48 first page + $5 each additional page

Transfer Tax

Missouri does not impose a state real estate transfer tax.

Recording fees only.

Important Missouri Requirements

1. Document Standards: Failure to meet RSMo 59.310 standards results in a $25 non-standard penalty and possible addition of a certificate page.

2. Notary Seal Requirements: Missouri-commissioned notary seals must be in black ink, minimum 8-point type, and contain required elements (RSMo 486.285).

3. Non-Title Holding Spouse: Must join in conveyance of homestead property.

4. Tenants by the Entirety: Available for married couples - provides creditor protection.

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

6. Legal Counsel: Consultation with a licensed Missouri attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

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