When is a Special Warranty Deed appropriate?

When the Grantor is willing to warrant only against defects arising during Grantor's ownership but cannot reasonably warrant against pre-ownership history. Common scenarios: (1) Bank REO sales — the bank acquired the property at foreclosure and has limited knowledge of prior ownership; (2) Estate sales by executors or trustees — they didn't own the property historically; (3) Sheriff/tax sales; (4) Some commercial transactions where the seller has owned the property for a relatively short period. Buyers in these scenarios protect themselves with title insurance rather than relying solely on deed warranties.

Why does a deed need to be recorded?

Recording at the county recorder's office provides "constructive notice" to all subsequent purchasers, lenders, and other interested parties that the conveyance occurred. Without recording: the deed is valid between Grantor and Grantee, but a subsequent good-faith purchaser without actual notice can take priority over an unrecorded deed (the "race-notice" or "race" or "notice" recording statutes vary by state). Failure to record can result in losing the property entirely if Grantor sells to someone else who records first. Always record promptly — most states require recording within statutory time limits, especially for transfer tax compliance.

Why does my spouse need to sign if only I'm on title?

Two reasons. (1) Community-property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) treat property acquired during marriage as community property; both spouses have a 50% interest regardless of who is on title. Spousal consent is required to convey. (2) Homestead states (TX, FL particularly) protect the family home from being conveyed without spousal consent, even if the Property is in only one spouse's name. Texas Constitution Art. XVI §50 and Florida Constitution Art. X §4 both impose these requirements. Failure to obtain spousal signature renders the deed partially or wholly ineffective.

How do I write the legal description?

Don't — copy it verbatim from the most recent deed of record OR the title commitment from the title company. Legal descriptions are precise (lot/block, metes and bounds, plat references) and any error can render the deed defective. Most title companies prepare deeds for closing; if you're preparing yourself (FSBO, family transfer), pull the legal from the prior deed and compare to the title commitment. A correction deed is often required if the legal is wrong; significant errors may require a quiet-title lawsuit.

Property Deed Transfer (Quitclaim / Grant / Warranty)

Configurable real estate deed — choose Quitclaim, Grant (Bargain & Sale), or Warranty deed. Transfers title with deed-type-appropriate covenants. State-aware (CA/TX/FL/NY).

Customise

Deed type

Effective date

Grantor (current owner conveying)

Grantor — address

Grantee (recipient)

Grantee — address (after closing)

Consideration (USD)

Consideration statement (some states require)

Property state

Property — full address

Legal description (from prior deed or title commitment — verbatim)

Prior deed reference (book/page or document number)

Encumbrances / exceptions to which conveyance is subject

Spousal consent / homestead waiver

After recording, return to

Document preparer (attorney or title company)

Live preview

WARRANTY DEED (GENERAL — STRONGEST COVENANTS)

After recording, return to:
Pacific Title & Escrow, Inc., 925 NW 19th Ave, Suite 400, Portland, OR 97209

Document prepared by:
Pacific Title & Escrow, Inc., License OR-TI-44218

═══════════════════════════════════════════════════════════════════════
PARTIES
═══════════════════════════════════════════════════════════════════════

GRANTOR:  Eleanor Margaret Hayes, an unmarried woman
          Address: 4112 SE Hawthorne Blvd, Portland, OR 97214

GRANTEE:  Jordan Alex Taylor and Miguel Angel Garcia, husband and wife as community property with right of survivorship
          Address: 4112 SE Hawthorne Blvd, Portland, OR 97214

═══════════════════════════════════════════════════════════════════════
RECITALS
═══════════════════════════════════════════════════════════════════════

Effective Date:     May 11, 2026
Consideration:      $685,000.00
                    Full purchase price stated

Property State:     Oregon

═══════════════════════════════════════════════════════════════════════
CONVEYANCE
═══════════════════════════════════════════════════════════════════════

For and in consideration of the amount stated above and other good
and valuable consideration, receipt of which is hereby acknowledged,
Grantor does hereby GRANT, BARGAIN, SELL, and CONVEY unto Grantee, its heirs, successors, and assigns, the following-described real property, located in the State of Oregon,
County of [insert County name from legal description], more
particularly described as follows:

═══════════════════════════════════════════════════════════════════════
LEGAL DESCRIPTION
═══════════════════════════════════════════════════════════════════════

Lot 7, Block 12, of Hawthorne Heights Addition to the City of Portland, in the County of Multnomah, State of Oregon, according to the official plat thereof on file in the office of the County Recorder of said County in Volume 14 of Plats at Page 18.

Also known as: 4112 SE Hawthorne Blvd, Portland, OR 97214.
APN: R-285-2294-118.

Common address: 4112 SE Hawthorne Blvd, Portland, OR 97214

Prior deed reference:
That certain Warranty Deed recorded September 14, 1994, as Document No. 1994-073322 in the Official Records of Multnomah County, Oregon.

═══════════════════════════════════════════════════════════════════════
SUBJECT TO
═══════════════════════════════════════════════════════════════════════

This conveyance is subject to:

(1) Real estate taxes for the current fiscal year, not yet due and payable.
(2) Easements, restrictions, and rights-of-way of record.
(3) Covenants, conditions, and restrictions recorded August 4, 1956, as Document No. 1956-118392, including any HOA assessments arising thereunder.
(4) Reserved mineral rights, if any, of prior grantors.
(5) Liens or encumbrances of which Grantee has actual knowledge.

═══════════════════════════════════════════════════════════════════════
GENERAL WARRANTIES (FULL WARRANTY DEED)
═══════════════════════════════════════════════════════════════════════

Grantor hereby covenants with Grantee, Grantee's heirs, successors,
and assigns:

  (a) COVENANT OF SEISIN — Grantor is lawfully seized of the
      Property in fee simple;
  (b) COVENANT OF RIGHT TO CONVEY — Grantor has the right and
      authority to convey the Property;
  (c) COVENANT AGAINST ENCUMBRANCES — the Property is free from
      all encumbrances, except those expressly noted herein;
  (d) COVENANT OF QUIET ENJOYMENT — Grantee shall enjoy the
      Property without lawful interruption;
  (e) COVENANT OF WARRANTY — Grantor will defend the Property
      against all lawful claims; and
  (f) COVENANT OF FURTHER ASSURANCES — Grantor will execute such
      further documents as may reasonably be required to perfect
      Grantee's title.

These covenants run with the land and bind Grantor's heirs and
assigns. They provide Grantee with the strongest deed-based title
protection. Even so, title insurance is recommended in every
transaction.

═══════════════════════════════════════════════════════════════════════
SPOUSAL / HOMESTEAD CONSENT
═══════════════════════════════════════════════════════════════════════

Not applicable (Grantor is unmarried)

═══════════════════════════════════════════════════════════════════════
STATE-SPECIFIC NOTES
═══════════════════════════════════════════════════════════════════════

CALIFORNIA — Cal. Civil Code §§1091-1115 govern deed forms.
Documentary Transfer Tax (§11911-§11935) at $1.10 per $1,000 of
consideration plus county/city additions; Preliminary Change of
Ownership Report (PCOR) must be filed concurrent with recording.
Prop. 13 / Prop. 19 reassessment may apply to non-exempt transfers.

TEXAS — Tex. Property Code §§5.022 (warranty) and §5.041 (statutory
warranty deed) provide statutory deed-form templates. Texas has NO
documentary transfer tax. Homestead protection requires special
attention if transferring a homestead — both spouses must sign.

FLORIDA — Fla. Stat. §689.01 et seq. governs deed forms.
Documentary stamp tax on deed: $0.70 per $100 of consideration
(Miami-Dade $0.60 plus surtax). Florida homestead provisions
(Constitution Art. X §4) limit a Grantor's ability to convey
without spousal consent if the Property is the homestead.

NEW YORK — NY Real Property Law §240 et seq. governs deeds. NYS
Mortgage Recording Tax separate from deed tax. NYC Real Property
Transfer Tax (1% under $500K, 1.425% over). Mansion Tax for sales
$1M+ (1% to 4.15% progressive — Tax Law §1402). Statutory warranty
deed form at NY Real Property Law §258.

═══════════════════════════════════════════════════════════════════════
GRANTOR SIGNATURE AND ACKNOWLEDGMENT
═══════════════════════════════════════════════════════════════════════

IN WITNESS WHEREOF, Grantor has executed this Deed on the Effective
Date.


_____________________________________
Eleanor Margaret Hayes, an unmarried woman
Grantor


[Spouse signature if homestead waiver / consent required]


_____________________________________
Spouse (printed name): _____________________


═══════════════════════════════════════════════════════════════════════
NOTARY ACKNOWLEDGMENT
═══════════════════════════════════════════════════════════════════════

State of ___________________  )
                              ) ss.
County of __________________  )

On May 11, 2026 before me personally appeared
Eleanor Margaret Hayes, an unmarried woman, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity, and that by
his/her/their signature on the instrument, the person executed the
instrument.

WITNESS my hand and official seal.


_____________________________________     [SEAL]
Notary Public

My commission expires: _____________

═══════════════════════════════════════════════════════════════════════
RECORDING INFORMATION (TO BE COMPLETED BY RECORDER)
═══════════════════════════════════════════════════════════════════════

Recorded on: _____________  Document No.: _____________  Book/Page: _________

═══════════════════════════════════════════════════════════════════════
DEED MUST BE RECORDED TO PROVIDE CONSTRUCTIVE NOTICE OF CONVEYANCE.
RECORD AT THE COUNTY RECORDER'S OFFICE IN THE COUNTY WHERE THE
PROPERTY IS LOCATED.
═══════════════════════════════════════════════════════════════════════

About this template

A real estate deed is the written instrument by which one party (the Grantor) conveys ownership of real property to another (the Grantee). The deed type determines what warranties — if any — accompany the conveyance. Four primary deed types in U.S. residential real estate: (1) QUITCLAIM DEED — transfers only whatever interest the Grantor has, with NO warranties. The Grantor doesn't even warrant that they own the Property; they simply convey whatever ownership they may have. Risk is entirely on the Grantee. Common uses: inter-spousal transfers in divorce, clearing clouds on title, transfers between family members, transfers to/from revocable trusts, transfers without consideration. Rarely appropriate for arm's-length sales. (2) GRANT DEED / BARGAIN AND SALE DEED — provides limited implied warranties. California Civil Code §1113 attaches two implied warranties to "GRANT" language: (a) Grantor has not conveyed to anyone else, and (b) the Property is free from encumbrances Grantor created or suffered. Other states have similar limited-warranty deeds with names like "Bargain and Sale," "Limited Warranty," or "Statutory Warranty" depending on jurisdiction. (3) SPECIAL WARRANTY DEED — Grantor warrants only against title defects arising during Grantor's ownership and acts of Grantor. Common with bank REO sales (foreclosed property), estate sales by executors/trustees, tax sales — situations where Grantor has limited knowledge of pre-ownership history. (4) GENERAL WARRANTY DEED — provides the strongest deed-based protections. Five (or six) traditional covenants: (a) Seisin (Grantor is lawfully seized in fee simple); (b) Right to Convey; (c) Against Encumbrances (Property free of encumbrances except those expressly disclosed); (d) Quiet Enjoyment (Grantee will not be lawfully disturbed in possession); (e) Warranty (Grantor will defend the title); (f) Further Assurances (Grantor will execute additional documents to perfect title). These covenants run with the land. State variations: California — Cal. Civil Code §§1091-1115 govern deed forms. The standard residential deed in CA is the Grant Deed (with §1113 implied warranties). Documentary Transfer Tax under §§11911-§11935 at $1.10 per $1,000 of consideration plus county/city additions (e.g., Los Angeles, San Francisco add substantial additional taxes). Preliminary Change of Ownership Report (PCOR) per Cal. Rev. & Tax. Code §480 must be filed with recording (or transfer tax penalty applies). Prop. 13 / Prop. 19 reassessment may apply to non-exempt transfers. Texas — Tex. Property Code §§5.022-§5.041 provide statutory deed-form templates including Statutory Warranty Deed. Texas has NO documentary transfer tax. Texas homestead protection (Tex. Const. Art. XVI §50, §51) requires both spouses to sign for conveyance of homestead, even if only one spouse is on title. Florida — Fla. Stat. §689.01 et seq. governs deed forms. Documentary stamp tax on deed under §201.02: $0.70 per $100 of consideration ($0.60 in Miami-Dade plus 45-cent surtax). Florida Constitution Art. X §4 homestead protections affect Grantor's ability to convey without spousal consent. New York — NY Real Property Law §240 et seq. governs deeds. NYS Mortgage Recording Tax separate (Tax Law §253). NYC Real Property Transfer Tax (Admin. Code §11-2102): 1% under $500,000, 1.425% over. NYS Mansion Tax (Tax Law §1402): for residential sales $1M+, progressive 1% to 4.15%. NY uses statutory warranty deed forms at Real Property Law §258. Common compliance issues: (1) Wrong Grantor name — must match prior deed exactly. Discrepancies (Mary J. Smith vs. Mary Jane Smith) require additional affidavits. (2) Wrong legal description — must match prior deed and current title commitment exactly. Errors require correction deeds or quiet-title actions. (3) Missing spouse — community-property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) require spousal consent or both spouses as Grantor. Texas and Florida require homestead waiver from spouse. Missing spouse renders deed ineffective as to spouse's interest. (4) Insufficient acknowledgment — notarization is required in every state for recording. State-specific acknowledgment forms vary; the Uniform Recognition of Acknowledgments Act provides a fallback. (5) Failure to record — unrecorded deeds are valid between Grantor and Grantee but provide no constructive notice to subsequent purchasers. A subsequent good-faith purchaser without notice can take priority. Always record at the county recorder's office. (6) Documentary transfer tax — must be paid concurrently with recording in tax states. Failure results in unrecorded deed and tax penalty. (7) Vesting — how Grantee takes title (joint tenants, tenants in common, community property, etc.) has significant tax and inheritance consequences. Should be specified in deed and verified against estate plan.

When to use it

Conveying real property after a sale — typically Warranty Deed for arm's-length sale.
Transferring property to a trust — typically Quitclaim Deed.
Inter-spousal transfer in divorce or estate planning — typically Quitclaim or Grant.
Bank REO sale of foreclosed property — typically Special Warranty Deed.
Family gift or inheritance — typically Quitclaim or Warranty depending on state.
Clearing a cloud on title — typically Quitclaim from disputing party.

What to include

Deed type clearly identified at top.
Grantor name and address (matches prior deed exactly).
Grantee name and address with vesting language.
Consideration statement.
State of property location.
Conveyance language appropriate to deed type.
Legal description (verbatim from prior deed).
Common address and APN.
Prior deed reference.
Encumbrances and exceptions.
Warranty language appropriate to deed type.
Spousal consent / homestead waiver where required.
Grantor signature.
Notary acknowledgment.
Return-to address for recording.
Document preparer identification.

Frequently asked

A Quitclaim transfers only whatever interest the Grantor has, with no warranties — the Grantor doesn't even warrant they own the Property. Risk is entirely on the Grantee. Used for inter-spousal transfers, trust transfers, family gifts, clearing title clouds. A Warranty Deed (general) provides full warranties: Grantor warrants they own the Property in fee simple, have authority to convey, the Property is free of encumbrances (except disclosed), Grantee will enjoy quiet possession, and Grantor will defend against all claims. Used for arm's-length sales. Buyers should ALWAYS demand a Warranty Deed in arm's-length purchases.

⚠ Legal disclaimer. Real estate deeds are governed by state law: California — Civil Code §§1091-1115 (forms), §§11911-§11935 (transfer tax), §480 (PCOR); Texas — Tex. Property Code §§5.022-§5.041 (statutory deeds), Const. Art. XVI §50 (homestead); Florida — Fla. Stat. §689.01 et seq. (forms), §201.02 (doc stamp tax), Const. Art. X §4 (homestead); New York — Real Property Law §240 et seq. (forms), §258 (statutory warranty deed), Tax Law §253 (mortgage recording tax), Tax Law §1402 (mansion tax); Oregon — ORS §93.020 et seq. The Statute of Frauds requires deeds to be in writing and signed. Recording is governed by state recording statutes (race-notice, notice, or race). Notarization required in all states. Federal: FIRPTA (IRC §1445) for foreign Grantor. Title insurance recommended in every transaction. Not legal advice — engage a licensed real estate attorney or title company for deed preparation.

Jurisdiction: United States — federal RESPA (12 U.S.C. §2601+); TILA-RESPA Integrated Disclosure (TRID) Reg Z 12 CFR §1026; state real-property statutes (CA Civ. Code §§1090-1133; Tex. Prop. Code; Fla. Stat. Ch. 689-718; NY RPL; 21 P.S.) + state Real Estate License Law; HOA covenants.

Last reviewed: 2026-05

Reviewed by ScoutMyTool — consult a licensed attorney for binding use.