MISSISSIPPI – GENERAL WARRANTY DEED TEMPLATE
Professionally drafted for immediate attorney review and client customization
[// GUIDANCE: 3-inch top margin required on first page for recording stamp; do NOT type within this area]
Prepared By: [PREPARER NAME & MS BAR No. (if applicable)]
Mail Recorded Instrument To: [RETURN NAME & ADDRESS]
Parcel No.: [ASSESSOR’S PARCEL ID]
Consideration: $[AMOUNT] (and other good and valuable consideration)
GENERAL WARRANTY DEED
(State of Mississippi)
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Conveyance & Consideration
IV. Representations & Warranties of Grantor
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution & Acknowledgment
I. DOCUMENT HEADER
THIS GENERAL WARRANTY DEED (the “Deed”) is made effective as of [DATE] (the “Effective Date”), by and between:
- Grantor: [GRANTOR LEGAL NAME], a [ENTITY TYPE / MARITAL STATUS] with a mailing address of [ADDRESS] (“Grantor”); and
- Grantee: [GRANTEE LEGAL NAME], a [ENTITY TYPE / MARITAL STATUS] with a mailing address of [ADDRESS] (“Grantee”).
RECITALS
A. Grantor is the owner in fee simple of the real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).
B. Grantor desires to convey, and Grantee desires to receive, fee-simple title to the Property together with a full warranty of title, all upon the terms and subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein, the sum of $[AMOUNT] and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows:
II. DEFINITIONS
For purposes of this Deed, capitalized terms have the meanings set forth below. Terms defined in one section are cross-referenced and carry the same meaning throughout.
“Deed” – This General Warranty Deed, together with all exhibits, riders, and acknowledged signatures.
“Effective Date” – The date first set forth above.
“Grantor” – The party identified in Section I conveying title.
“Grantee” – The party identified in Section I receiving title.
“Property” – The real property, improvements, appurtenances, and hereditaments described in Exhibit A.
“Transfer Taxes” – Mississippi documentary stamp tax or other transfer/recording fees imposed upon the conveyance.
III. OPERATIVE CONVEYANCE & CONSIDERATION
3.1 Grant. Grantor hereby GRANTS, BARGAINS, SELLS, CONVEYS, AND WARRANTS unto Grantee, and Grantee’s heirs, successors, and assigns forever, the Property, together with all singular the rights, hereditaments, easements, tenements, fixtures, and appurtenances thereto belonging or in anywise appertaining, subject only to the Permitted Exceptions set forth in Section 3.4.
3.2 Consideration. The conveyance is made for the consideration set forth in the Document Header. For Mississippi documentary-stamp purposes, the true and actual consideration/purchase price is stated herein.
3.3 Habendum. TO HAVE AND TO HOLD the Property unto Grantee, Grantee’s heirs, successors, and assigns in fee simple forever.
3.4 Permitted Exceptions.
a. Taxes and assessments not yet due and payable;
b. Easements, rights-of-way, and restrictions of record as of the Effective Date;
c. Matters created by or with the written consent of Grantee.
[// GUIDANCE: Attach title commitment Schedule B-Section II items, if any, as a supplemental schedule to qualify “Permitted Exceptions.”]
3.5 Conditions Precedent. Delivery of this Deed is conditioned upon (i) payment of consideration; and (ii) simultaneous closing deliverables under any related purchase agreement.
IV. REPRESENTATIONS & WARRANTIES OF GRANTOR
4.1 Authority. Grantor is duly authorized to execute and deliver this Deed and to convey the Property.
4.2 Title. Grantor is lawfully seised of an indefeasible fee-simple estate in the Property and has full right to convey same.
4.3 No Encumbrances. Except for Permitted Exceptions, the Property is free from all mortgages, liens, encumbrances, and adverse claims.
4.4 Litigation. No action affecting title to the Property is pending or, to Grantor’s knowledge, threatened.
4.5 Survival. All representations and warranties survive delivery of this Deed and are not merged into the recording thereof.
V. COVENANTS & RESTRICTIONS
5.1 Covenant of Seisin. Grantor covenants that Grantor is seized of the Property in fee simple.
5.2 Covenant of Right to Convey. Grantor covenants that Grantor has full power and lawful authority to convey the Property.
5.3 Covenant Against Encumbrances. Grantor covenants that the Property is free from encumbrances except the Permitted Exceptions.
5.4 Covenant of Quiet Enjoyment. Grantor warrants and will defend the title to the Property against lawful claims of all persons, and Grantee shall quietly enjoy the Property.
5.5 Further Assurances. Grantor shall execute such further instruments as may be reasonably requested by Grantee to perfect title.
VI. DEFAULT & REMEDIES
6.1 Breach. Breach of any covenant herein by Grantor constitutes a default.
6.2 Notice & Cure. Grantee shall provide written notice specifying the default; Grantor shall have thirty (30) days after receipt to cure.
6.3 Remedies. If Grantor fails to timely cure, Grantee may:
a. Seek damages equal to the consideration paid, together with interest;
b. Pursue an action for specific performance or reformation;
c. Petition for quiet-title or injunctive relief; and
d. Recover reasonable attorneys’ fees and court costs.
6.4 Cumulative Remedies. Remedies are cumulative and not exclusive.
VII. RISK ALLOCATION
7.1 Indemnification. Grantor shall indemnify, defend, and hold Grantee harmless from any loss, cost, or claim arising out of (i) a breach of Grantor’s covenants; or (ii) any title defect existing prior to the Effective Date.
7.2 Liability Cap. Grantor’s total aggregate liability under this Deed shall not exceed the consideration actually paid by Grantee, except in cases of intentional misrepresentation or fraud.
7.3 Transfer Taxes. Grantor [OR Grantee] shall pay all Mississippi documentary-stamp taxes and any county recording fees due in connection with this Deed.
[// GUIDANCE: Allocate responsibility consistent with purchase agreement; adjust bracketed party.]
7.4 Force Majeure. Neither party shall be liable for delays caused by events beyond reasonable control that directly prevent performance hereunder (excluding monetary obligations).
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Deed shall be governed by and construed in accordance with the real-property laws of the State of Mississippi, without regard to its conflict-of-laws principles.
8.2 Forum Selection. Exclusive jurisdiction and venue for any action arising out of or relating to this Deed shall lie in the state courts of competent jurisdiction located in the county where the Property is situated.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. No waiver of jury trial is provided; statutory rights are preserved.
8.5 Injunctive Relief. Nothing herein shall limit Grantee’s right to seek injunctive or equitable relief, including actions to quiet title.
IX. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior or contemporaneous oral or written agreements.
9.2 Amendments. Any modification must be in a writing executed with the same formalities as this Deed.
9.3 Waiver. No waiver of any provision shall be effective unless in writing and signed by the waiving party.
9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force.
9.5 Successors & Assign9.5 Successors & Assigns. This Deed is binding upon Grantor and inures to the benefit of Grantee and their respective heirs, successors, and assigns.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures transmitted by electronic or digital means are deemed original for all purposes, subject to recorder acceptance.
9.7 Recording Compliance.
a. First page top margin: 3 inches; all other margins: minimum 1 inch.
b. Font: minimum 10-point, black ink, single-sided pages.
c. Include “Prepared By” and “Return To” data on first page.
d. Legal description must appear on the face of the Deed or on an attached Exhibit A identified by reference.
[// GUIDANCE: Confirm county-level margin or font deviations before finalizing; some clerks enforce local formatting rules.]
X. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
[GRANTOR NAME]
[Title/Capacity, if entity]
STATE OF MISSISSIPPI
COUNTY OF ____
On this ___ day of _, 20_, before me, the undersigned authority, personally appeared ________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to this instrument and acknowledged that he/she/they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: _______
OPTIONAL CORPORATE/LLC ACKNOWLEDGMENT
[Use if Grantor or Grantee is an entity; delete if not applicable.]
STATE OF MISSISSIPPI
COUNTY OF ____
On this ___ day of _, 20_, before me, the undersigned authority, personally appeared ____, who, being by me duly sworn, stated that he/she is the ___ of ________, a [STATE] [corporation/LLC], and that he/she, as such officer, being authorized so to do, executed the foregoing instrument for and on behalf of said entity for the purposes therein contained.
Notary Public
My Commission Expires: _______
EXHIBIT A
Legal Description of Property
[Insert full metes-and-bounds or platted lot and block description. If longer than one page, label additional pages “Exhibit A – Page __ of __.”]
[// GUIDANCE:
1. Confirm marital status of Grantor; Mississippi dower/curtesy abolished, but spouse signatures may still be advisable on homestead property.
2. Verify homestead exemptions and any separate disclosure requirements.
3. Deliver deed in recordable format with affixed documentary stamps equal to $1.50 per $500 (rounded up) of true consideration, unless otherwise exempt.
4. Confirm Grantor’s compliance with FIRPTA, OFAC, and similar certifications under separate closing affidavits.]
END OF DOCUMENT