An Illinois special warranty deed is a document that conveys property while assuring that the seller (grantor) has the right to sell and that they’re not conveying a title with encumbrances from their time as owner. This deed’s warranties and covenants apply only to the grantor; a previous owner may have done something to encumber the title before the grantor’s time (e.g., fail to pay taxes, leave the title to a beneficiary upon their death). Any claims against the title from the actions of previous owners will be the responsibility of the grantee to settle or clear.
- Statutes: 765 ILCS 5 – Conveyances Act
- Formatting: 765 ILCS 5/9
- Signing Requirements (765 ILCS 5/20): Notary Public
- Where to Record (765 ILCS 5/28): County Recorder’s Office
- Required Forms:
- Form PTAX-203 (PDF / Online): Unless an exemption notation has been provided, this document must be filed with every recorded deed.
- Form PTAX-203-A (PDF): For non-residential transfers with a sale price exceeding $1 million.
- Form PTAX-203-B (PDF): For beneficial interest transfers.
- Form PTAX-203-NR (PDF): For non-recorded transfers.