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A Nebraska special warranty deed is a conveyance instrument whereby a seller (grantor) transfers property rights and warrants to the buyer (grantee) that no title issues occurred during their period of ownership. A special warranty deed makes no guarantees as to encumbrances or other title concerns caused by previous property owners. Therefore, the grantee in a special warranty deed is not protected against defects occurring before the grantor acquired property rights.
Special warranty deeds are generally used when the property’s ownership history is unknown to the grantor. For instance, in the administration of a deceased person’s estate, the executor may be unaware of past issues with the property and thus would only warrant the title against defects caused by the deceased.
- Statutes: Chapter 76 (Real Property)
- Formatting: § 23-1503.01
- Signing Requirements (§ 76-211): Notary Public
- Where to Record: Register of Deeds
- Recording Fees (§ 33-109): $10 for the first page + $6 for each additional page
- Documentary Stamp Tax (REG-52-001 thru REG-52-012): This tax is due when recording a deed (unless exempt).
- Forms:
- Certificate of Exemption: This form allows the grantor to request the documentary stamp tax exemption.
- Real Estate Transfer Statement: When transferring real estate, this statement must be filed by the grantee.
- Property Condition Disclosure Statement (§ 76 2,120(2)): Residential property sellers must fill out this disclosure and deliver it to buyers to reveal their knowledge of material property defects.
- Sanitary Improvement District Acknowledgment (§ 31-727.03(2)): If transferring property located in a sanitary improvement district, this acknowledgment form must be executed by the buying party before a purchase agreement is signed.
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