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. However, the grantor doesn’t guarantee that the property has no liens, leases, mortgages, or other interest 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, the grantor’s signature, and a notary acknowledgment.
- 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.