Updated on September 12th, 2022
An Indiana special warranty deed is a property conveyance document that assures the recipient of the property title that it is free from defects caused by the grantor (seller). This deed differs from the general warranty deed in that the warranties provided don’t extend beyond the grantor’s period of ownership. Any title defects that may have occurred with prior owners would be the grantee’s responsibility to clear.
This type of deed is commonly used in commercial real estate transfers and on foreclosed homes when the bank acts as the grantor.
- Statutes: Article 21 – Conveyance Procedures for Real Property
- Formatting: §§ 36-2-11-16.5(b)(1), 32-21-2-3, 36-2-11-15, 36-2-11-16
- Signing Requirements (§ 32-21-2-3(a)(2)): Notary Public, or another officer as described in § 32-21-2-3(a)(2).
- Where to Record: County Recorder’s Office
- Recording Fees (§ 36-2-7-10(c)(1)): $25
- Residential Property Disclosure Statement (§§ 32-21-5-7 & 32-21-5-10): State law required that this statement regarding a property’s condition must be completed by sellers and provided to potential homeowners.