A Montana special warranty deed transfers real estate with the assurance that the grantor is the legal title holder and there are no unresolved encumbrances on the title of the grantor’s doing. However, the grantor (seller) does not guarantee that the property is free of liens, lease, mortgages, or other claims from title holders prior to the grantor’s ownership. The completed document must include the purchase price (called the “consideration”), a description of the property, the grantor and grantee’s names and addresses, and the grantor’s notarized signature.
- Statutes: Title 70, Ch. 20 & Ch. 21
- Formatting: § 7-4-2636
- Signing Requirements (§ 70-21-203): Notary Public
- Where to Record: County Clerk and Recorder
- Recording Fees (§ 7-4-2637): $8/page
- Forms:
- Realty Transfer Certificate (§ 15-7-305): This certificate must be completed and filed with the deed.
- Condominium Disclosure (§ 70-23-613): The seller must complete this form and give it interested buyers when selling units in a larger building.
- Mold Disclosure (§ 70-16-703): If is mold present on a property, the seller must disclose this in writing to potential purchasers.
- Water Rights Acknowledgement (§ 85-2-424): Must be attached to the purchase agreement for any property that has a private water system.