Special Warranty Deed

SPECIAL WARRANTY DEED

State of Oklahoma

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Legal Description Index (19 O.S. § 287, 291):
Addition: _________________ Block: _______ Lot: _______
Section: _______ Township: _______ Range: _______

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

STATE OF OKLAHOMA
COUNTY OF _________________

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)

of _____________________________________________
(Address)

Marital Status (Homestead - Both spouses must sign per 16 O.S. § 4):
☐ A single person
☐ A married person (spouse joining)
☐ Husband and wife
☐ A widow/widower
☐ An unmarried person
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTOR"

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address)

Vesting:
☐ A single person
☐ A married person
☐ Husband and wife, as joint tenants with full rights of survivorship, and not as tenants in common
☐ As joint tenants with full rights of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTEE"

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

WITNESSETH: That the GRANTOR, for and in consideration of the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does by these presents CONVEY AND SPECIALLY WARRANT unto the GRANTEE, GRANTEE's heirs, successors, and assigns forever, the following described real property situated in _________________ County, State of Oklahoma, to-wit:

Section 2.2 Legal Description (19 O.S. § 287, 291)

See Exhibit "A" attached hereto and incorporated herein by reference.

Indexing Information (Required):

• Addition/Subdivision: _____________________________________________
• Block: _______ Lot(s): _______
• Section: _______ Township: _______ Range: _______
• Metes and Bounds (if necessary): See Exhibit "A"

Property Address: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

GRANTOR covenants with GRANTEE that:

(a) GRANTOR holds good and indefeasible title to said property in fee simple;

(b) GRANTOR has good right and lawful authority to convey the same;

(c) The property is free and clear of all liens, encumbrances, and claims arising by, through, or under the GRANTOR (except as noted herein); and

(d) GRANTOR WILL WARRANT AND FOREVER DEFEND the title to said property unto the GRANTEE, GRANTEE's heirs and assigns, 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. The covenants 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:

• 16 O.S. § 1 et seq. (Conveyances)
• 16 O.S. § 4 (Homestead - spouse signature requirement)
• 19 O.S. § 287, 291 (Indexing requirements)
• 68 O.S. § 3201, 3202 (Documentary stamp tax)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

TO HAVE AND TO HOLD the above-described premises, together with all and singular the rights, privileges, and appurtenances thereunto belonging, unto the said GRANTEE, GRANTEE's heirs and assigns forever.

Subject to:

(a) Ad valorem 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, covenants, conditions, easements, rights-of-way, and reservations of record;

(d) All matters disclosed by an accurate survey and inspection of the property;

(e) Rights of tenants or parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: DOCUMENTARY STAMP TAX

Section 5.1 Oklahoma Documentary Stamp Tax (68 O.S. § 3201, 3202)

Documentary Stamp Tax Rate: $0.75 per $500 of purchase price

Purchase Price: $_____________________

Documentary Stamp Tax Due: $_____________________

☐ Proof of purchase price is attached (closing statement, notarized bill of sale, or Affidavit of Purchase Price)

Section 5.2 Exemptions

☐ This deed is exempt from Documentary Stamp Tax per 68 O.S. § 3201 or § 3202.

Exemption claimed (cite paragraph): "Exempt Documentary Stamp Tax OS Title 68, Article 32 Section _______, Paragraph _______"

Common exemptions include:

• Consideration less than $100
• Transfers to close relatives with no consideration
• Transfers to/from express revocable trusts
• Transfers incident to divorce
• Transfers to partnerships, LLCs, or corporations (under certain conditions)

ARTICLE VI: HOMESTEAD (16 O.S. § 4)

Section 6.1 Spousal Joinder

☐ This property is NOT the homestead of Grantor.

☐ This property IS the homestead of Grantor. Both husband and wife have signed this deed as required by 16 O.S. § 4.

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature

IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR's hand this _____ day of _________________, 20_____.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

_____________________________________________
Signature (Spouse if homestead)

_____________________________________________
Printed Name

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Oklahoma Acknowledgment (Individual)

STATE OF OKLAHOMA
COUNTY OF _________________

Before me, the undersigned, a Notary Public in and for said County and State, on this _____ day of _________________, 20_____, personally appeared:

_____________________________________________

to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth.

WITNESS my hand and official seal the day and year last above written.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

My Commission Number: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Oklahoma Acknowledgment (Entity)

STATE OF OKLAHOMA
COUNTY OF _________________

Before me, the undersigned, a Notary Public in and for said County and State, on this _____ day of _________________, 20_____, personally appeared _________________________, to me known to be the _________________________ [title] of _________________________ [entity name], and acknowledged to me that he/she executed the foregoing instrument as the free and voluntary act and deed of said entity, for the uses and purposes therein set forth.

WITNESS my hand and official seal the day and year last above written.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

My Commission Number: _____________________________________________

[NOTARIAL SEAL]

Section 8.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

Before me, the undersigned, a Notary Public in and for said County and State, on this _____ day of _________________, 20_____, personally appeared:

_____________________________________________

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

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, State of Oklahoma:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Indexing Information:

• Addition/Subdivision: _____________________________________________
• Block: _______ Lot(s): _______
• Section: _______ Township: _______ Range: _______

OKLAHOMA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (16 O.S. § 32)

Oklahoma Documentary Stamp Tax (68 O.S. § 3201)

Example: $200,000 property / $500 = 400 x $0.75 = $300.00 documentary stamp tax

Proof of Purchase Price Required

Documentary stamp tax must be paid at recording. Acceptable proof includes:

• Closing statement
• Notarized bill of sale
• Affidavit of Purchase Price

Documentary Stamp Tax Exemptions (68 O.S. § 3201, 3202)

Common exemptions (cite on face of deed):

• Consideration less than $100
• Transfers to close relatives for no consideration
• Deeds incident to divorce
• Transfers to express revocable trusts
• Certain transfers to partnerships, LLCs, corporations

Required Citation Format: "Exempt Documentary Stamp Tax OS Title 68, Article 32 Section 3201 or 3202, Paragraph _______."

Important Oklahoma Notes

1. Homestead Requirement: Both husband and wife MUST sign any deed conveying homestead property (16 O.S. § 4).

2. Documentary Stamp Penalty: Failure to purchase required stamps is a criminal offense.

3. Indexing Requirements: Legal description must provide indexing information per 19 O.S. § 287, 291.

4. Proof of Purchase Price: Required at recording for stamp tax calculation.

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

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

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Oklahoma Bar Number (if attorney)

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