A Mississippi special warranty deed conveys a property title from a grantor to a grantee with a limited warranty. This limited (special) warranty gives the grantee (buyer/transferee) the grantor’s (seller’s) promise that there are no encumbrances arising from their ownership period, and that if any claims from this time do come to light, that the grantor will defend the grantee’s rights as title holder.
If there are any leases, mortgages, liens, or easements from before the grantor’s ownership, these will not be covered by the special warranty. These encumbrances can greatly inconvenience the grantee by making them financially liable, and preventing them from securing financing or selling the property. For this reason, it is recommended that the grantee looks up the property title to ensure that it is clean before agreeing to transfer via special warranty deed.
- Statute: §§ 89-1-35, 89-1-61
- Formatting: § 89-5-24, § 27-3-51(2)
- Signing Requirements (§ 89-3-1(1)): Notary Public
- Where to Record: Chancery Clerk’s Office
- Recording Fees (§ 25-7-9(1)(b)): First 5 pages: $25 / each page thereafter: $1
- Property Disclosure Statement (§ 89-1-503): Before transferring the property title, the buyer must be given this form after it has been completed by the seller.