Special Warranty Deed

SPECIAL WARRANTY DEED

State of Tennessee

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map/Parcel ID:
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

STATE OF TENNESSEE
COUNTY OF _________________

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

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

_____________________________________________
(Name)

of _____________________________________________
(Address)

Marital Status:
☐ An unmarried individual
☐ A married individual
☐ Husband and wife
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTOR"

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address)

Vesting (T.C.A. § 66-1-107 - Tennessee abolished survivorship in joint tenancy):
☐ An unmarried individual
☐ A married individual
☐ Husband and wife, as tenants by the entirety with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTEE"

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

That the GRANTOR, for and in consideration of the sum of $_____________________ (____________________ Dollars), and other good and valuable consideration, the receipt of which is hereby acknowledged, has bargained, sold, and CONVEYED, and by these presents does bargain, sell, and CONVEY unto the GRANTEE, and GRANTEE's heirs and assigns, a certain tract or parcel of land in _________________ County, Tennessee, bounded and described as follows:

Section 2.2 Legal Description

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

Property Address: _____________________________________________

Tax Map/Parcel ID: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty (Statutory Form)

GRANTOR covenants with GRANTEE that GRANTOR is seized and possessed of said land, and has a good right to convey it, and that the same is unencumbered except as noted herein; and GRANTOR does hereby covenant and bind GRANTOR, GRANTOR's heirs, executors, administrators, and assigns, to WARRANT AND FOREVER DEFEND the title to said property unto the said GRANTEE, GRANTEE's heirs and assigns, against the lawful claims of all persons claiming by, through, or under the GRANTOR, but none other.

Section 3.2 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The covenants contained herein are LIMITED to claims arising during the 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:

• T.C.A. Title 66 (Property)
• T.C.A. § 66-5-103 (Words of conveyance)
• T.C.A. § 67-4-409 (Realty transfer tax/Recordation tax)
• T.C.A. § 66-1-107 (Abolition of survivorship in joint tenancy)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

TO HAVE AND TO HOLD the said tract or parcel of land, with the appurtenances, estate, title, and interest thereto belonging, to the said GRANTEE, GRANTEE's heirs and assigns forever.

Subject to:

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

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

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

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

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: TENNESSEE TRANSFER TAX (RECORDATION TAX)

Section 5.1 Transfer Tax (T.C.A. § 67-4-409)

Transfer Tax Rate: $0.37 per $100 of the greater of consideration or fair market value

Consideration/Value: $_____________________

Transfer Tax Due: $_____________________

Section 5.2 Affidavit of Value (Required)

I (we) hereby swear (or affirm) that the actual consideration or value, whichever is greater, for this transfer is $_____________________.

_____________________________________________
GRANTEE Signature

Sworn to and subscribed before me this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

WARNING: Misrepresentation of value is considered perjury under Tennessee law.

Section 5.3 Exemptions

☐ This transfer is exempt from transfer tax. Exemption reason:
_____________________________________________

Common exemptions include:

• Transfer of leasehold estate
• Creation/dissolution of tenancy by the entirety
• Deeds of division of realty held by tenants in common
• Release of life estate to remainder beneficiaries
• Executor's deeds implementing testamentary devise
• Transfers to revocable living trusts

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR's hand and seal this day and year first above written.

GRANTOR(S):

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Tennessee Acknowledgment (Individual)

STATE OF TENNESSEE
COUNTY OF _________________

Before me, _________________________, a Notary Public of the State and County aforesaid, personally appeared _________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself/herself to be the GRANTOR in the foregoing instrument, and that he/she executed the same for the purposes therein contained.

WITNESS my hand and seal at office, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Tennessee Acknowledgment (Entity)

STATE OF TENNESSEE
COUNTY OF _________________

Before me, _________________________, a Notary Public of the State and County aforesaid, personally appeared _________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself/herself to be the _________________________ [title] of _________________________ [entity name], the within named GRANTOR, and that he/she as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the entity by himself/herself as such officer.

WITNESS my hand and seal at office, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

Before me, _________________________, a Notary Public of the State and County aforesaid, personally appeared _________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged the execution of the foregoing instrument for the purposes therein contained.

WITNESS my hand and seal, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Tennessee:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map/Parcel ID: _____________________________________________

TENNESSEE RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by County)

Tennessee Realty Transfer Tax (T.C.A. § 67-4-409)

Example: $300,000 property x 0.0037 = $1,110.00 transfer tax

Who Pays

The transfer tax is paid by the GRANTEE (buyer/transferee), unless the parties agree otherwise.

Affidavit of Value Requirement

• Warranty deeds must contain an oath regarding the transfer tax amount
• Affidavit must state: "I hereby swear that the actual consideration or value, whichever is greater, for this transfer is $_______."
• Placed below signature blocks
• Misrepresentation is perjury

Transfer Tax Exemptions (T.C.A. § 67-4-409)

Common exemptions (no affidavit of value required):

• Transfer of leasehold estate
• Creation/dissolution of tenancy by the entirety
• Deeds of division of realty formerly held as tenants in common
• Release of life estate to remainder beneficiaries
• Executor's deeds implementing testamentary devise
• Domestic settlement decrees
• Transfers to revocable living trusts created by transferor
• Deeds by trustee of revocable living trust implementing testamentary devise

Important Tennessee Notes

1. No Survivorship in Joint Tenancy: T.C.A. § 66-1-107 abolished survivorship in joint tenancy. Use "tenants by the entirety" for married couples or expressly create survivorship rights.

2. Affidavit of Value Required: The sworn statement of value must appear on all warranty deeds (T.C.A. § 67-4-409(a)(6)(A)).

3. Register's Commission: Registers collect 5% commission on state transfer taxes collected.

4. Mortgage/Indebtedness Tax: Separate tax of 11.5 cents per $100 applies to mortgages and deeds of trust.

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

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

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Tennessee Bar Number (if attorney)

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